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STATE v. ROSE

No. 49209.

366 S.W.2d 308 (1963)

STATE of Missouri, Respondent, v. Everett ROSE, Appellant.

Supreme Court of Missouri, Division No. 2.

April 8, 1963.

Attorney(s) appearing for the Case

Errol Joyce, Brookfield, and Jack C. Jones, Carrollton, for appellant.

Thomas F. Eagleton, Atty. Gen., Robert E. Hogan, Special Asst. Atty. Gen., Jefferson City, for respondent.

LEEDY, Judge.

Everett Rose was charged in the Lafayette Circuit Court with the offense of operating a motor vehicle while in an intoxicated condition, a felony under § 564.440, RSMo 1959, V.A.M.S. The case went on change of venue to Clay County where he was convicted and his punishment fixed by the verdict at imprisonment in the county jail for a term of one year. Judgment was entered and sentence pronounced in accordance with the verdict, and after an unavailing...

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