State v. Budden

The opinion of the court was delivered by

Holmes, J.:

This is a direct appeal from a finding of guilty by the trial court of one count of driving while under the influence of intoxicating liquor. K.S.A. 1978 Supp. 8-1567 and K.S.A. 8-1501.

The case was submitted to the trial judge upon an agreed statement of facts wherein the defendant admitted operating a motor vehicle on private property while under the influence of intoxicating liquor. The events took place in a parking lot of a tavern in Lincolnville, Kansas.

The principal issue on appeal is whether the offense of driving while under the…