State v. Hermes

The opinion of the court was delivered by

Holmes, J.:

This is an appeal by the State from a ruling by the trial court in a traffic case. There does not appear to be any statutory grounds for the unusual procedure followed in this case.

Thomas S. Hermes went to trial before the court on a charge of reckless driving resulting from a one-car accident which occurred east of Emporia. During the trial, Trooper Langdon, of the Kansas Highway Patrol, attempted to testify to certain statements made by Hermes. The defendant objected on the grounds he had not been given his Miranda warnings. The court held…