State v. Reeves

The opinion of the court was delivered by

Holmes, J.:

This is an appeal on a question reserved by the State in a criminal action. K.S.A. 22-3602(fo)(3). The defendant was charged with driving while under the influence of alcohol in violation of K.S.A. 8-1567(a). In a trial to a jury he was found not guilty. The State appeals from the trial court’s jury instruction which set out the elements of the charge.

K.S.A. 8-1567(cz) provides:

“No person shall operate any vehicle within this state while under the influence of alcohol.”

In instructing the jury, the court gave its instruction No. 6 as follows:

“…