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STATE v. GARCIA & BELL

No. 46,817

210 Kan. 806 (1972)

504 P.2d 172

STATE OF KANSAS, Appellee, v. HEIDI SUE GARCIA and VERNON EUGENE BELL, Appellants.

Supreme Court of Kansas.

Opinion filed December 9, 1972.

Attorney(s) appearing for the Case

Richard H. Seaton, of Everett and Seaton, of Manhattan, argued the cause and was on the brief for the appellants.

Larry B. McGrath, county attorney, argued the cause, and Vern Miller, attorney general, and James W. Morrison, assistant county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

On the night of July 31, 1971, Captain Leo Regier and Detective Al Helfferich of the Manhattan Police Department were on stakeout at the municipal parking lot at Third and Houston Streets. For some time the parking meter collections from that lot had been coming up short and the officers were there to find out why.

They had come on duty at 9:30 p.m., and were scheduled for a four hour shift. Their...

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