State v. Faidley

The opinion of the court was delivered by

Fatzer, J.:

The defendant, Harold H. Faidley, was tried by a jury and convicted of the offense of driving a motor vehicle while under the influence of intoxicating liquor, in violation of K. S. A. 8-530. He has appealed, and asserts the following assignment of error:

“The court erred in permitting the arresting highway patrol officer to testify to his observation of the defendant’s performance of the heel-to-toe balance test which the officer ordered the defendant to perform prior to advising him of his constitutional rights under the Fifth and Sixth…