State v. Sanders

The opinion of the court was delivered by

Kaul, J.:

Defendant-appellant, Steven Charles Sanders, appeals from a conviction, in a trial to the court, of possession of Cannabis Sativa L. (marijuana) with the intent to sell in violation of K. S. A. 1976 Supp. 65-4127b. The central issue involves the sufficiency of an affidavit upon which a search warrant was issued.

The search warrant in question was issued by the judge of division No. 6 of the Wyandotte district court on May 12,1974. As a result of the execution of the search warrant quantities of narcotic drugs were seized at the residence of the…