State v. Gordon

The opinion of the court was delivered by

Fatzeb, C. J.:

This is an appeal by the defendant Jerry D. Gordon from convictions, following trial by the district court, for driving while intoxicated (K. S. A. 8-530), transporting an open container of 'alcoholic beverage (K. S. A. 41-804) and two counts of vehicular homicide (K. S. A. 21-3405).

The two-car head-on collision giving rise to the defendant’s conviction occurred between 1:00 and 1:15 a. m. on the morning of Sunday, June 16, 1974, some fifteen miles west of Garnett on a blacktop highway commonly called the Burlington Road. The accident…