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eBook details

• Title: City of Overland Park v. Barron
• Author : Supreme Court of Kansas
• Release Date : January 02, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

The opinion of the court was delivered by This is an appeal by the city of Overland Park, pursuant to K.S.A. 22-3602(b)(1), from an order of the district court of Johnson County dismissing a complaint charging defendant, Donald H. Barron, with driving while under the influence of intoxicating liquor (DUI). Defendant was convicted of DUI in municipal court. He appealed to the district court for a trial de novo. Prior to trial, defendant moved to dismiss the city's complaint on the basis that he had been subjected to double jeopardy in the municipal court proceedings. The district court sustained defendant's motion, and this appeal followed. The facts in this case are not greatly in dispute. However, there is some disagreement between counsel as to certain proceedings in municipal court which were not transcribed. The municipal judge prepared handwritten minutes of the proceedings as they occurred. In addition, the court's journal entry of judgment and defendant's notice of appeal to the district court show what happened in municipal court. The following facts are clearly established: On August 27, 1982, defendant was charged with DUI in violation of an ordinance of the city of Overland Park. On September 1, 1982, defendant was arraigned on the charge and an attorney was appointed to represent defendant, [234 Kan. 523]

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