State v. Hubbard

The opinion of the court was delivered by

Owsley, J.:

Defendant appeals from conviction of theft in violation of K.S.A. 1972 Supp. 21-3701 (now K.S.A. 1973 Supp. 21-3701) on the ground the evidence against him was the product of an illegal search and seizure.

On December 9, 1972, a search warrant was issued from the city court of Pittsburg authorizing search of defendant’s residence located at 710 East 22nd Street, Pittsburg. Three police officers went to defendant’s home to execute the warrant. They conducted an unsuccessful search for the two items listed on the warrant, a chain saw and a…