State v. Foster

The opinion of the court was delivered by

Kaul, J.:

This is an appeal by the defendant, Samuel L. Foster, from a conviction of driving a motor vehicle while under the influence of intoxicating liquor contrary to the provisions of K. S. A. 8-530. The question involved is whether or not a blood alcohol test report was properly admitted in evidence.

The facts are not in dispute and will be highly summarized.

On February 24, 1965, Trooper Walter Wiltse, of the Kansas Highway Patrol, was summoned to an accident scene seven miles east of Neodesha on Highway K-37. The defendant was one of the parties…