STATE v. THOMSON

No. 42,199

188 Kan. 171 (1961)

360 P.2d 871

STATE OF KANSAS, Appellee, v. MILTON M. THOMSON, Appellant.

Supreme Court of Kansas.

Opinion filed April 8, 1961.


Attorney(s) appearing for the Case

Eugene T. Hackler, of Olathe, argued the cause, and Wilson E. Speer, of Olathe, was with him on the briefs for the appellant.

Hugh H. Kreamer, county attorney, argued the cause, and William M. Ferguson, attorney general, Robert Hoffman, assistant attorney general, and Herbert W. Walton, of Olathe, special prosecutor, were with him on the briefs for the appellee.


The opinion of the court was delivered by

PARKER, C.J.:

This is a criminal action in which the defendant was convicted by a jury for unlawfully operating a motor vehicle upon a public highway, while under the influence of intoxicating liquor, in violation of G.S. 1959 Supp., 8-530.

The evidentiary facts, events and circumstances giving rise to the institution of the action may be stated thus.

On February 16, 1960, at approximately 8 p.m., Carlys...

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