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STATE v. MORSE

No. 43,374

191 Kan. 328 (1963)

380 P.2d 310

STATE OF KANSAS, Appellant, v. CHARLES ORAL MORSE, Appellee.

Supreme Court of Kansas.

Opinion filed April 6, 1963.

Attorney(s) appearing for the Case

Robert S. Luke, county attorney, argued the cause and was on the briefs for the appellant.

Floyd E. Gehrt, of Topeka, argued the cause, and Robert L. Kimbrough, of Topeka, was with him on the brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

On April 13, 1962, defendant was arrested by a highway patrolman for the alleged offense of driving an automobile while under the influence of intoxicating liquor and transporting an open bottle. The defendant was taken before the county court and formally charged with violating G.S. 1949, 41-804, and G.S. 1959 Supp., 8-530. On the same day the defendant entered a plea of guilty to the charges, and the county...

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