(Download) "State v. Fish" by Supreme Court of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Fish
- Author : Supreme Court of Kansas
- Release Date : January 14, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The opinion of the court was delivered by This is an appeal by the State on a question reserved pursuant to K.S.A. 1979 Supp. 22-3602(b)(3). The defendant, Jack Leroy Fish, was charged with operating a motor vehicle while under the influence of intoxicating liquor in violation of K.S.A. 1979 Supp. 8-1567 which provides in part as follows: 8-1567. Driving while under influence of intoxicating liquor or drugs; penalties; revocation or restriction of driver's license; order placing conditions on license. (a) It is unlawful and punishable as provided in subsection (c) of this section for any person who is under the influence of intoxicating liquor to operate any vehicle within this state. (b) It is unlawful and punishable as provided in subsection (c) of this section for any person who is an habitual user of or under the influence of any narcotic, hypnotic, somnifacient or stimulating drug or who is under the influence of any other drug to a degree which renders such person incapable of safely driving a vehicle to drive a vehicle within this state. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this subsection. (Emphasis supplied.) The question reserved and presented for determination requires a construction of the term to operate as used in section (a) of 8-1567. Simply stated the question propounded by the State is this: Is it a violation of K.S.A. 1979 Supp. 8-1567(a) for an intoxicated person to be in a motor vehicle with the motor running where there is no evidence, direct or circumstantial, that he drove the motor vehicle in that condition? For the purpose of determining the question reserved, the facts are to be considered as undisputed. On the morning of March 10, [228 Kan. 205]
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