TITUS, Presiding Judge.
By information filed in the Circuit Court of Laclede County, defendant was charged with the second offense misdemeanor of operating a motor vehicle while in an intoxicated condition. § 564.440(2) RSMo 1969, V.A.M.S. Upon the assumption that it was for the trial court to assess the punishment if the jury returned a verdict of guilty, the jurors were instructed "that the only issue * * * which you will determine by your verdict is whether...
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