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STATE v. HENDEL

Nos. 33689, 33742.

468 S.W.2d 664 (1971)

STATE of Missouri, Plaintiff-Respondent, v. Max HENDEL, Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

May 25, 1971.

Attorney(s) appearing for the Case

Thomas I. Osborne, Pros. Atty., Montgomery County, Montgomery City, for plaintiff-respondent.

James G. Gregory, Montgomery City, for defendant-appellant.

CLEMENS, Commissioner.

Appeal from a driving-while-intoxicated conviction, based in part on evidence converting a Breathalyzer reading of percentage of alcohol by volume to its equivalent percentage of alcohol by weight. Before reaching the merits we must first untangle the procedural web spun by defendant's premature appeal taken before final judgment.

In a trial before the court without a jury the court found defendant guilty of driving a motor vehicle while...

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