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STATE v. MYERS

No. 9138.

470 S.W.2d 803 (1971)

STATE of Missouri, Plaintiff-Respondent, v. Donald Ray MYERS, Defendant-Appellant.

Springfield Court of Appeals, Missouri.

August 18, 1971.

Attorney(s) appearing for the Case

Darrell Deputy, Jr., Prosecuting Atty., Lebanon, Mo., for plaintiff-respondent.

Orville C. Winchell, Lebanon, Mo., for defendant-appellant.

PER CURIAM.

Defendant was charged in the Circuit Court of Laclede County with the second offense misdemeanor of operating a motor vehicle while in an intoxicated condition. § 564.440.1 Out of the hearing of the jury, the trial court conducted a pre-trial investigation of defendant's previous conviction and determined that on September 27, 1964, "defendant was convicted of driving an automobile...

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