(DOWNLOAD) "State v. Braun" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Braun
- Author : Supreme Court of Kansas
- Release Date : January 08, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The opinion of the court was delivered by The appellant, Stephen Stice Braun, was convicted by a jury of
possession of marijuana in violation of K.S.A. 65-2502. The
prosecution followed the search of a residence in rural Douglas
County, Kansas, on January 13, 1970. Entrance to the residence
was gained pursuant to a search warrant issued by Judge Charles
Rankin of the county court on January 12, 1970. The police
officers
[209 Kan. 182]
searched a room of the house occupied by appellant. He was
sleeping in the room at the time the search was conducted. As a
result of the search the police officers found behind the
bookcase on the west side of the room a green trash bag
containing 30 wrapped packets of marijuana. When the search was
made appellant's personal belongings were in the room including
his clothing, a billfold containing appellant's identification
and $400 in cash, books and letters. There was no evidence
indicating that anyone other than the appellant occupied the
room. Following the discovery of the marijuana appellant was
placed under arrest for possession of marijuana in violation of
K.S.A. 65-2502. The appellant entered his plea of not guilty to
the charge. A series of pretrial motions were filed on behalf of
the appellant including a motion to suppress the drugs discovered
at the time of the search; a motion to compel the state to reveal
the name of the informant upon whose information the original
search warrant was issued; a motion to dismiss and abate the
proceedings attacking the constitutionality of K.S.A. 65-2502;
and a motion to dismiss the information because of the
insufficiency of the complaint. All of these motions were
overruled. The case was then tried to a jury.