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CITY OF OVERLAND PARK v. CUNNINGHAM

Nos. 68,899, 69,014

253 Kan. 765 (1993)

861 P.2d 1316

CITY OF OVERLAND PARK, KANSAS, Appellant, v. MITCHELL CUNNINGHAM AND GARY DAHN, Appellees.

Supreme Court of Kansas.

Opinion filed October 29, 1993.

Attorney(s) appearing for the Case

Steven A. Jensen, assistant city attorney, argued the cause, and Sue A. Dickey, assistant city attorney, was with him on the brief for appellant.

No appearance by appellees.

The opinion of the court was delivered by

ABBOTT, J.:

This is an appeal by the City of Overland Park. The issue is whether the trial judge erred by refusing to admit into evidence the breath alcohol concentration (BAC) test results in two separate DUI trials.

In separate cases, Mitchell Cunningham and Gary Dahn were convicted in the Overland Park municipal court of operating a motor vehicle while under the...

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