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STATE v. GORDON

No. 47,957

219 Kan. 643 (1976)

549 P.2d 886

STATE OF KANSAS, Appellee, v. JERRY D. GORDON, Appellant.

Supreme Court of Kansas.

Opinion filed May 8, 1976.

Attorney(s) appearing for the Case

Gwinn G. Shell, of Garnett, argued the cause, and Charles S. Fisher, Jr., and Robert D. Ochs, of Fisher, Ralston & Ochs, of Topeka, were with him on the brief for appellant.

Terry Jay Solander, county attorney, argued the cause and Curt T. Schneider, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, C.J.:

This is an appeal by the defendant Jerry D. Gordon from convictions, following trial by the district court, for driving while intoxicated (K.S.A. 8-530), transporting an open container of alcoholic beverage (K.S.A. 41-804) and two counts of vehicular homicide (K.S.A. 21-3405).

The two-car head-on collision giving rise to the defendant's conviction occurred between 1:00 and 1:15 a.m. on the morning...

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