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STATE v. FAIDLEY

No. 45,234

202 Kan. 517 (1969)

450 P.2d 20

STATE OF KANSAS, Appellee, v. HAROLD H. FAIDLEY, Appellant.

Supreme Court of Kansas.

Opinion filed January 25, 1969.

Attorney(s) appearing for the Case

Cliff W. Ratner, of Wichita, argued the cause, and Payne Ratner, Louise Mattox, Payne H. Ratner, Jr., R.R. Barnes, E.L. Kinch and Patrick L. Dougherty, all of Wichita, were with him on the brief for appellant.

James Z. Hernandez, of Wichita, argued the cause, and Robert C. Londerholm, Attorney General, Keith Sanborn, County Attorney, and David P. Calvert, Deputy County Attorney, were with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, J.:

The defendant, Harold H. Faidley, was tried by a jury and convicted of the offense of driving a motor vehicle while under the influence of intoxicating liquor, in violation of K.S.A. 8-530. He has appealed, and asserts the following assignment of error:

"The court erred in permitting the arresting highway patrol officer to testify to his observation of...

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