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STATE v. REEVES

No. 55,197

233 Kan. 702 (1983)

664 P.2d 862

STATE OF KANSAS, Appellant, v. DONALD A. REEVES, Appellee.

Supreme Court of Kansas.

Opinion filed June 10, 1983.

Attorney(s) appearing for the Case

Kyle G. Smith, assistant county attorney, argued the cause and Robert T. Stephan, attorney general, and Rodney H. Symmonds, county attorney, were with him on the brief for appellant.

No appearance by appellee.

The opinion of the court was delivered by

HOLMES, J.:

This is an appeal on a question reserved by the State in a criminal action. K.S.A. 22-3602(b)(3). The defendant was charged with driving while under the influence of alcohol in violation of K.S.A. 8-1567(a). In a trial to a jury he was found not guilty. The State appeals from the trial court's jury instruction which set out the elements of the charge.

K.S.A. 8-1567(a) provides...

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