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STATE v. BAILEY

No. 41,319

184 Kan. 704 (1959)

339 P.2d 45

STATE OF KANSAS, Appellee, v. FRANK BAILEY, Appellant.

Supreme Court of Kansas.

Opinion filed May 16, 1959.

Attorney(s) appearing for the Case

Jack E. Dalton, of Jetmore, argued the cause and was on the brief for the appellant.

Paul B. Watson, Special Assistant County Attorney, and Walter F. Stueckemann, County Attorney, argued the cause, and John Anderson, Jr., Attorney General, was with them on the brief for appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a criminal action in which the defendant was tried and convicted of unlawfully operating a motor vehicle upon a public highway while under the influence of intoxicating liquor.

The underlying question presented concerns the admissibility of a blood alcohol test made by the Kansas State Board of Health upon a sample of blood voluntarily given by the defendant.

At approximately...

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