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STATE v. NICHOLS

No. 25705.

474 S.W.2d 54 (1971)

STATE of Missouri, Plaintiff-Respondent, v. William R. NICHOLS, Defendant-Appellant.

Kansas City Court of Appeals, Missouri.

December 6, 1971.

Attorney(s) appearing for the Case

R. H. Mos, Jr., Farley & Mos, Farley, for defendant-appellant.

Abe Shafer, Platte City, for plaintiff-respondent.

DIXON, Commissioner.

Defendant appeals his conviction in a jury waived case. The charge was driving a motor vehicle while intoxicated. We set aside the submission of this case and dismiss the appeal since we are without jurisdiction. The trial was held September 17, 1970; at the conclusion of the evidence, the following appears in the transcript:

"THE COURT: * * * It is the finding of the court that the defendant

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