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CITY OF SHAWNEE v. GRUSS

No. 49,280

2 Kan. App. 2d 131 (1978)

576 P.2d 239

CITY OF SHAWNEE, KANSAS, Appellee, v. JOHN J. GRUSS, Appellant.

Court of Appeals of Kansas.

Petition for review denied April 28, 1978.

Attorney(s) appearing for the Case

David R. Gilman and J. Steven Schweiker, of Overland Park, for the appellant.

James T. Wiglesworth, assistant city attorney, for the appellee.

Before SWINEHART, P.J., REES and SPENCER, JJ.

SWINEHART, J.:

The appellant, John J. Gruss, was convicted in the Municipal Court of Shawnee, Kansas, of driving under the influence of intoxicating liquor. He appealed to the district court, where his case was tried de novo to a six-member jury. He appeals the jury's verdict.

At the trial, breathalyzer test results showing that the appellant's blood alcohol content was .11 percent were admitted over his objections. K.S.A. 8-1005 states that a blood...

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