State v. McClelland

The opinion of the court was delivered by

Fatzer, C. J.:

This is a direct appeal from a conviction for unlawful possession of a stimulating drug. (K. S. A. 65-4126, now K. S. A. 1973 Supp. 65-4127a.)

On August 30, 1972, the Shawnee County district attorney made application for a search warrant for the premises of 1315 Monroe Street, Topeka. At a hearing on the application, an officer of the Topeka police department vice squad testified he had reason to believe marijuana was being stored on the premises. This activity had been disclosed initially to the officer by an informant. Testimony was…