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STATE v. FISHER

No. KCD 26227.

504 S.W.2d 281 (1973)

STATE of Missouri, Respondent, v. Eldon Owen FISHER, Appellant.

Missouri Court of Appeals, Kansas City District.

December 31, 1973.

Attorney(s) appearing for the Case

Robert B. Paden, Pros. Atty., DeKalb County, Maysville, for appellant.

Griffin & Griffin, Bob F. Griffin, Cameron, for respondent.

Before DIXON, C. J., and PRITCHARD and SOMERVILLE, JJ.

SOMERVILLE, Judge.

Defendant was found guilty by a jury of his peers of a misdemeanor—driving a motor vehicle while intoxicated, second offense (Section 564.440 RSMo 1969, V.A. M.S.). The jury was unable to agree on defendant's punishment, whereupon the court fixed defendant's punishment at confinement in the county jail for fifteen days (the minimum assessable punishment under Section 564.440, supra).

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