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CITY OF DODGE CITY v. NORTON

No. 76,790.

262 Kan. 199 (1997)

936 P.2d 1356

CITY OF DODGE CITY, Appellant, v. NORMAN NORTON, Appellee.

Supreme Court of Kansas.

Opinion filed April 18, 1997.

Attorney(s) appearing for the Case

Terry J. Malone, city attorney, argued the cause and was on the brief for appellant.

Leslie Phelps Hess, of Patton, Kerbs & Hess, of Dodge City, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

Plaintiff City of Dodge City (City) appeals the district court's dismissal of the complaint charging defendant Norman Norton with driving under the influence of alcohol (DUI), in violation of K.S.A. 1994 Supp. 8-1567, for lack of probable cause to arrest. Our jurisdiction is under K.S.A. 22-3602(b)(1) (appeal by the prosecution as a matter of right from an order dismissing...

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