STATE v. KAYS

No. 57483.

492 S.W.2d 752 (1973)

STATE of Missouri, Respondent, v. James Arlan KAYS, Appellant.

Supreme Court of Missouri, Division No. 1.

April 9, 1973.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Special Asst. Atty. Gen., St. Louis, for respondent.

J. A. Appelquist Law Offices, J. A. Appelquist, Robert L. Bruer, Samuel C. Jones, Springfield, and Mt. Vernon, for appellant.


HIGGINS, Commissioner.

James Arlan Kays, charged with manslaughter by culpable negligence "while in an intoxicated condition," in operation of a motor vehicle, was convicted by a jury which assessed his punishment at imprisonment for one year in the county jail and a fine of $1,000. Sentence and judgment were rendered accordingly. §§ 559.070, 559.140, RSMo 1969, V.A.M.S. (Appeal taken prior to January 1, 1972.)

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