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STATE v. MUCK

No. 76,520.

262 Kan. 459 (1997)

939 P.2d 896

STATE OF KANSAS, Appellant, v. ELMER J. MUCK, Appellee.

Supreme Court of Kansas.

Opinion filed May 30, 1997.

Attorney(s) appearing for the Case

Thomas K. Stanton, assistant county attorney, argued the cause, and Steven C. Staker, assistant county attorney, Julie McKenna, county attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellant.

James L. Sweet, of Sweet & Sheahon, of Salina, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This case addresses the foundational requirements for the admission of the result of a breath alcohol test and the interplay between the granting of defendant's motion for a mistrial and double jeopardy. The State appeals the granting of a mistrial and dismissal with prejudice of the DUI charge against defendant Elmer J. Muck. The State failed to produce the arresting officer's 1995 certification card for...

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