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STATE v. YOUNG

No. 51,726

228 Kan. 355 (1980)

614 P.2d 441

STATE OF KANSAS, Appellant, v. ROBERT B. YOUNG, Appellee.

Supreme Court of Kansas.

Opinion filed July 18, 1980.

Attorney(s) appearing for the Case

Larry D. Ehrlich, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for the appellant.

Michael S. Holland, of Russell, argued the cause and was on the brief for the appellee.

Max G. Moses, executive director of Kansas County & District Attorneys Association of Topeka, and Frank Yeoman, of Topeka, were on the amicus curiae brief.

The opinion of the court was delivered by

FROMME, J.:

The State filed an interlocutory appeal from an order suppressing evidence of the result of a gas chromatograph intoximeter test in an action filed against the defendant, Robert B. Young, for driving while under the influence of intoxicating liquor (DWI). This interlocutory appeal by the State is authorized by K.S.A. 1979 Supp. 22-3603. The district court on defendant's motion to suppress, among other things...

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