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STATE v. MURRY

No. 85,011.

271 Kan. 223 (2001)

21 P.3d 528

STATE OF KANSAS, Appellant, v. JOHN V. MURRY, a/k/a JOHN MURRAY, a/k/a JOHN V. MURRAY II, Appellee.

Supreme Court of Kansas.

Opinion filed April 20, 2001.

Attorney(s) appearing for the Case

Joe Shepack, county attorney, argued the cause, and Carla J. Stovall, attorney general, was with him on the brief for appellant.

Michael S. Holland II, of Holland and Holland, of Russell, argued the cause, and Michael S. Holland, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

The State appeals on a question reserved, pursuant to K.S.A. 22-3602(b)(3), from a decision suppressing evidence of a blood sample taken from the defendant, John V. Murry, prior to his arrest.

On April 25, 1999, Murry was driving his vehicle in Ellsworth County, Kansas. His vehicle left the roadway and crashed into a culvert embankment. Murry was trapped...

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