State v. Armstrong

The opinion of the court was delivered by

Schroeder, C.J.:

This is an appeal by the State on a question reserved pursuant to the provisions of K.S.A. 22-3602(b)(3).

The question arises from a ruling of the trial court suppressing evidence of blood alcohol test results. The ruling appealed from was made on the morning of the trial after the defendant filed a motion for an order in limine to exclude the test results. Subsequently, the defendant was acquitted by a jury of the offense of driving while under the influence of alcohol contrary to K.S.A. 1983 Supp. 8-1567.

The facts relevant to the…