[Download] "State v. Fraker" by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Fraker
- Author : Supreme Court of Kansas
- Release Date : January 15, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
The opinion of the court was delivered by The defendant, Dennis K. Fraker, was convicted by jury trial in
Osage County District Court of driving under the influence of
alcohol or drugs, K.S.A. 1986 Supp. 8-1567(a). He appealed,
challenging the use of the written and unsworn traffic citation
and notice to appear, issued by the arresting Kansas Highway
Patrol trooper, as the complaint. The Court of Appeals held that
a prosecution for driving under the influence of alcohol (DUI)
can be commenced only by the filing of a verified complaint or
information; it vacated defendant's conviction and dismissed the
charge against him. State v. Fraker, 12 Kan. App. 2d 259,
739 P.2d 940 (1987). We granted the State's petition for review. We agree with the statutory history as set forth in the opinion
of the Court of Appeals. Prosecutions in this state have
historically been commenced with the filing of a sworn complaint.
See K.S.A. 62-602 (Corrick) and prior law and case annotations
cited thereunder. This was carried over into our revised Code of
[242 Kan. 467]