STATE v. SHELBY

No. 47059.

327 S.W.2d 873 (1959)

STATE of Missouri, Respondent, v. Marvin Lee SHELBY, Appellant.

Supreme Court of Missouri, Division No. 1.

October 12, 1959.


Attorney(s) appearing for the Case

James S. Simrall, Jr., Liberty, for appellant.

John M. Dalton, Atty. Gen., Grover C. Huston, Asst. Atty. Gen., for respondent.


HYDE, Presiding Judge.

Defendant was convicted of driving a motor vehicle while intoxicated, a graded felony (Secs. 564.440 and 564.460 RSMo, V.A.M.S.) and sentenced to 60 days in jail. Defendant has appealed but has filed no brief.

The State's evidence showed that on a foggy night in December, 1957, defendant driving east on Highway 152 in Clay County was following a car driven by Mrs. Ruth Keen and that when Mrs. Keen turned into a driveway on the north...

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