STATE v. DAVIS

No. 49937.

371 S.W.2d 270 (1963)

STATE of Missouri, Respondent, v. Fred Warren DAVIS, Appellant.

Supreme Court of Missouri, Division No. 1.

October 14, 1963.


Attorney(s) appearing for the Case

H. F. Owen, Jr., Springfield, for appellant.

Thomas F. Eagleton, Atty. Gen., Jefferson City, Charles C. Hatley, Sp. Asst. Atty. Gen., New Madrid, for respondent.


COIL, Commissioner.

A jury convicted Fred W. Davis of feloniously driving an automobile on a public highway in Taney County while in an intoxicated condition and fixed his punishment at two years in the state penitentiary. See Sections 564.440 and 564.460 RSMo 1959 and V.A.M.S. Davis appealed from the ensuing judgment but has filed no brief. We shall, therefore, examine the three assignments contained in his motion for new trial.

Inasmuch as defendant does...

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