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STATE v. WITTE

No. 66,065

251 Kan. 313 (1992)

836 P.2d 1110

STATE OF KANSAS, Appellee, v. EDWIN T. WITTE, Appellant.

Supreme Court of Kansas.

Opinion filed July 10, 1992.

Attorney(s) appearing for the Case

Geary N. Gorup, of The Law Office of Geary N. Gorup, of Wichita, argued the cause and was on the brief for appellant.

Jeffrey E. Goering, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Robert T. Stephan, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This is a direct appeal by the defendant, Edwin T. Witte, from his conviction of driving while under the influence of alcohol, contrary to K.S.A. 8-1567(a)(1).

Although the defendant raises other issues, the primary and dispositive issue is whether the trial court erred in admitting evidence of the horizontal gaze nystagmus (HGN) test administered by a law enforcement officer and, if so, whether...

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