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STATE v. GILBERT

No. 9179.

472 S.W.2d 877 (1971)

STATE of Missouri, Plaintiff-Respondent, v. Forest J. GILBERT, Defendant-Appellant.

Springfield Court of Appeals, Missouri.

October 28, 1971.

Attorney(s) appearing for the Case

Samuel J. Short, Jr., Pros. Atty., Stockton, for plaintiff-respondent.

John M. Belisle, Osceola, for defendant-appellant.

PER CURIAM:

Defendant was charged in the Magistrate Court of Cedar County, via a Uniform Traffic Ticket, with "Intoxicated Driving 2nd offence [sic]." Upon the filing of defendant's affidavit for a change of venue, the cause was certified to the circuit court (§§ 517.520 and 543.160)1 and there tried to the court without a jury on June 4, 1971. Although no evidence was offered on the...

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