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PROCKISH v. CITY OF STOCKTON

No. 52,979

6 Kan. App. 2d 841 (1981)

635 P.2d 975

JAMES L. PROCKISH, Appellee, v. THE CITY OF STOCKTON, Appellant.

Court of Appeals of Kansas.

Petition for review denied January 15, 1982.

Attorney(s) appearing for the Case

Robert Osborn, city attorney, and Robert T. Stephan, attorney general, for the appellant.

Terry L. Cikanek, of Hindman & Krysl, of Stockton, for the appellee.

Before JUSTICE HERD, presiding, SWINEHART, J., and LEWIS L. McLAUGHLIN, District Judge Retired, assigned.

SWINEHART, J.:

This is an appeal by the respondent, City of Stockton, from a judgment of the district court of Rooks County granting the habeas corpus motion of petitioner, James L. Prockish.

On December 23, 1980, petitioner was arrested for speeding, disorderly conduct, and driving while intoxicated, by Officer Rod Moyer. Moyer was alone at the time of the arrest. Officer Bob Weltmer was present at the courthouse when the sobriety and blood alcohol tests...

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