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STATE v. WARD

No. 54,887

233 Kan. 144 (1983)

660 P.2d 957

STATE OF KANSAS, Appellant, v. WAYNE WARD, Appellee.

Supreme Court of Kansas.

Opinion filed March 26, 1983.

Attorney(s) appearing for the Case

John McNish, assistant county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellant.

Allen Angst, of Bengtson, Waters & Thompson, Chartered, of Junction City, argued the cause, and Roger D. Thompson, of the same firm, was on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is an appeal by the prosecution from the district court's dismissal of the driving under the influence of intoxicating liquor (K.S.A. 8-1567) charge against defendant Wayne Ward.

The facts may be summarized as follows: On January 27, 1982, a state trooper was advised by a motorist of an automobile stuck in a ditch beside old Highway 40 in Dickinson County. The trooper proceeded to the described...

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