State v. Bailey

The opinion of the court was delivered by

Schroeder, J.:

This is a criminal action in which the defendant was tried and convicted of unlawfully operating a motor vehicle upon a public highway while under the influence of intoxicating liquor.

The underlying question presented concerns the admissibility of a blood alcohol test made by the Kansas State Board of Health upon a sample of blood voluntarily given by the defendant.

At approximately 1:30 a. m., on the morning of September 15, 1957, two cars collided head-on in the north lane of U. S. Highway 156 in Jetmore, Kansas. A short time later, a…