No. 76,092.

265 Kan. 16 (1998)

960 P.2d 756

STATE OF KANSAS, Appellee/Cross-appellant, v. JERRY R. CHASTAIN, Appellant/Cross-appellee.

Supreme Court of Kansas.

Opinion filed May 29, 1998.

Attorney(s) appearing for the Case

Joe Dickinson, of Newton, argued the cause and was on the brief for appellant/ cross-appellee.

Jennifer M. Wieland, assistant county attorney, argued the cause, and Carla J. Stovall, attorney general, was with her on the brief for appellee/cross-appellant.

The opinion of the court was delivered by


The defendant, Jerry R. Chastain, was charged with involuntary manslaughter arising out of an automobile accident resulting in the death of Robert Glenn. The jury returned a verdict of guilty to the lesser included offense of driving while under the influence of alcohol. He appeals, claiming that the results of his breath test should have been suppressed and that the trial court abused its discretion in...

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