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CITY OF TOPEKA v. HARVEY

No. 42,675

188 Kan. 841 (1961)

365 P.2d 1109

THE CITY OF TOPEKA, Appellee, v. DWAYNE HARVEY, Appellant.

Supreme Court of Kansas.

Opinion filed November 10, 1961.

Attorney(s) appearing for the Case

Michael A. Barbara, of Topeka, argued the cause, and was on the briefs for appellant.

Donald S. Simons, Assistant City Attorney, of Topeka, argued the cause, and John W. Lewis, City Attorney, of Topeka, was with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

The defendant, Dwayne Harvey, was charged by the city of Topeka with driving a motor vehicle while under the influence of intoxicating liquor, and was convicted of the charge in the police court. He appealed to the district court where he was tried by a jury and found guilty. This appeal is from orders of the district court overruling defendant's motions for a mistrial and for a new trial.

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