State v. Collins

The opinion of the court was delivered by

Fontron, J.:

This is an appeal by the State of Kansas, pursuant to K. S. A. 62-1703, from an adverse ruling of the District Court of Reno County, Kansas. For convenience, the appellant will be referred to as the state, and the appellee as the defendant.

The material facts are not in dispute. On December 2, 1964, a complaint, containing three counts, was filed against the defendant in the City Court of Hutchinson, Kansas. Count I charged the defendant with being drunk on public highway U. S. 50, 1.5 miles west of Hutchinson, on or about September 26,…