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STATE v. JACKSON

No. 51,427

5 Kan. App. 2d 170 (1980)

613 P.2d 398

STATE OF KANSAS, Appellee, v. PAUL G. JACKSON, Appellant.

Court of Appeals of Kansas.

Opinion filed July 11, 1980.

Attorney(s) appearing for the Case

Richard A. Medley, of Coffeyville, and Alvin F. Grauerholz, of Coffeyville, for the appellant.

Glenn E. Casebeer, II, assistant county attorney, Robert T. Stephan, attorney general, and Paul D. Oakleaf, county attorney, for the appellee.

Before FOTH, C.J., ABBOTT and MEYER, JJ.

FOTH, C.J.:

The issue in this case is whether an animal constitutes "traffic" subject to police regulation. If so, the owner of the animal in this case was guilty of refusing to comply with the lawful order of an officer directing traffic, in violation of K.S.A. 8-1503, and was properly fined $25.00. If an animal is not traffic, and the statute deals only with vehicular traffic, then the defendant owner is not guilty and must prevail in his appeal.

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