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STATE v. GARNER

No. 50,470

227 Kan. 566 (1980)

608 P.2d 1321

STATE OF KANSAS, Appellant, v. JOE F. GARNER, Appellee.

Supreme Court of Kansas.

Opinion filed April 5, 1980.

Attorney(s) appearing for the Case

Mickey W. Mosier, assistant county attorney, argued the cause and Curt T. Schneider, attorney general and Wm. Rex Lorson, county attorney, were with him on the brief for the appellant.

James L. Sweet, of Sweet & Boyer, of Salina, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

This is an interlocutory appeal by the State of Kansas pursuant to K.S.A. 22-3603. Defendant, Joe F. Garner, is charged with driving while under the influence of intoxicating liquor (K.S.A. 1979 Supp. 8-1567); transporting an open container of intoxicating liquor (K.S.A. 41-804); and not having a valid driver's license on his person (K.S.A. 8-244). The State appealed the order of the trial court suppressing...

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