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CITY OF TOPEKA v. MOOBERRY

No. 43,189

191 Kan. 304 (1963)

380 P.2d 371

THE CITY OF TOPEKA, Appellant, v. ROBERT MOOBERRY, Appellee.

Supreme Court of Kansas.

Opinion filed April 6, 1963.

Attorney(s) appearing for the Case

Donald S. Simons, of Topeka, argued the cause and John W. Lewis, William B. McCormick and C. Bruce Works, all of Topeka, were with him on the briefs for the appellant.

Reese H. Robrahn, of Topeka, argued the cause and William R. Brady, of Topeka, was with him on the briefs for the appellee.

The opinion of the court was delivered by

JACKSON, J.:

This is an appeal by the City of Topeka in a criminal case. The appellee, hereinafter referred to as the defendant, was charged with driving under the influence of intoxicating liquor as defined by 26-1004 of the Code of the City of Topeka, 1959, Revised. The defendant was tried on March 26, 1962, by a jury and the jury brought in a verdict finding defendant guilty. Thereafter, defendant was allowed five...

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