State v. Russell

The opinion of the court was delivered by

McFarland, J.:

This is an appeal by the prosecution pursuant to K.S.A. 1979 Supp. 22-3602(h)(l) from the trial court’s dismissal of two counts of an information.

In the early morning hours of September 28, 1979, a Mission, Kansas, police officer observed a pickup truck being operated by defendant near the junction of Interstate 35 and Interstate 635. The officer’s radar equipment clocked the vehicle at 73 miles per hour in a 55-mile per hour zone. The officer activated his emergency equipment and pulled in behind the pickup. Defendant did not stop and…