STATE v. ERBACHER

No. 54,232

8 Kan. App. 2d 169 (1982)

651 P.2d 973

STATE OF KANSAS, Appellee, v. CHARLES D. ERBACHER, Appellant.

Court of Appeals of Kansas.

Opinion filed October 7, 1982.


Attorney(s) appearing for the Case

Edward E. Bouker, of Martin & Coffelt, of Hays, for the appellant.

Robert E. Diehl, assistant county attorney, and Robert T. Stephan, attorney general, for the appellee.

Before FOTH, C.J., ABBOTT and PARKS, JJ.


PARKS, J.:

Defendant Charles Erbacher appeals his bench trial conviction of transporting an open container of cereal malt beverage in violation of K.S.A. 41-2719. The parties filed an agreed statement pursuant to Rule 3.05; thus the facts are undisputed.

On November 22, 1981, defendant was a passenger in an automobile operated by a friend. Trooper Schrag of the Kansas Highway Patrol, who was running a driver's license check lane, stopped the vehicle. While...

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