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STATE v. GEORGE

No. 55,992

9 Kan. App. 2d 479 (1984)

681 P.2d 30

STATE OF KANSAS, Appellee, v. WAYMAN L. GEORGE, Appellant.

Court of Appeals of Kansas.

Opinion filed May 17, 1984.

Attorney(s) appearing for the Case

Paul W. Brown, of Hess, Leslie & Brown, of Hutchinson, for appellant.

Francis E. Meisenheimer, assistant county attorney; Timothy J. Chambers, county attorney; and Robert T. Stephan, attorney general, for appellee.

Before ABBOTT, P.J., MEYER, J., and RICHARD W. WAHL, District Judge Assigned.

MEYER, J.:

Wayman L. George (defendant) appeals the trial court's failure to dismiss a prosecution for driving under the influence of alcohol (K.S.A. 8-1567) on statutory speedy trial grounds.

Defendant was arrested on August 6, 1982. Prosecution was commenced and a jury summoned. That jury was unable to reach a verdict, and a mistrial was declared on December 13, 1982.

A second trial was scheduled April 18, 1983, but a principal State's witness, the...

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