State v. Sumner

The opinion of the court was delivered by

Fatzer, C. J.:

This is an interlocutory appeal pursuant to K. S. A. 60-2102 (b) and Rule No. 5 of this court. There is a single issue to be resolved. The appellant, the state of Kansas, contends the district court erred in suppressing physical evidence, seized by the Reno County and Harvey County sheriffs, which related to the prosecution of the appellee, Douglas M. Sumner, for burglary and felony theft.

On May 3, 1972, the appellee filed a motion pursuant to K. S. A. 1971 Supp. 22-3216 requesting the district court to suppress certain evidence which was…