STATE v. DEIMEKE

No. 34869.

500 S.W.2d 257 (1973)

STATE of Missouri, Plaintiff-Respondent, v. Joe Frank DEIMEKE, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division Two.

Motion for Rehearing Denied October 10, 1973.


Attorney(s) appearing for the Case

Edwards, Seigfreid, Runge & Hodge, Mexico, for defendant-appellant.

Thomas I. Osborne, Pros. Atty., Mexico, for plaintiff-respondent.


KELLY, Judge.

Appellant was charged in an information with the offense of driving a motor vehicle while in an intoxicated condition, and after a jury trial was convicted and fined $100.00. This appeal followed.

Although he relies on three points for reversal and remand for a new trial, we find his first point decisive and reverse and remand for a new trial without any evidence of the Breathalyzer test and its results.

The facts which are dispositive...

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