SPENCER, J.:
Defendant appeals from his convictions of driving while under the influence of intoxicating liquor, K.S.A. 8-1567, and battery against a law enforcement officer, K.S.A. 21-3413.
On April 19, 1977, defendant was driving his automobile to pick up his wife from work. Two witnesses observed defendant's automobile swerve from one side of the road to the other. A short time later, the automobile was found to have left the road and struck a tree.
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