City of Topeka v. Harvey

The opinion o£ the court was delivered by

Fatzer, J.:

The defendant, Dwayne Harvey, was charged by the city of Topeka with driving a motor vehicle while under the influence of intoxicating liquor, and was convicted of the charge in the police court. He appealed to the district court where he was tried by a jury and found guilty. This appeal is from orders of the district court overruling defendant’s motions for a mistrial and for a new trial.

The only witness called by the city in its case in chief was the arresting officer who testified concerning the defendant’s behavior immediately prior to…