STATE v. McGILL

No. KCD 26693.

510 S.W.2d 782 (1974)

STATE of Missouri, Respondent, v. Herschel McGILL, Appellant.

Missouri Court of Appeals, Kansas City District.

June 3, 1974.


Attorney(s) appearing for the Case

Michael P. Riley, Jefferson City, for appellant; Carson, Inglish, Monaco & Coil, Jefferson City, of counsel.

Clarence W. Hawk, Pros. Atty., Moniteau County, California, for respondent.

Before PRITCHARD, P. J., and SWOFFORD and SOMERVILLE, JJ.


PRITCHARD, Presiding Judge.

The appellant was charged by information with the misdemeanor of driving while intoxicated, in violation of § 564.440, RSMo 1969, V.A.M.S. He was tried before a jury on January 5, 1973 in the circuit court of Moniteau County, and found guilty. He was fined $300.00. Appellant filed a motion for new trial, which motion was overruled.

The following facts were elicited before the trial court. Witness Washburn testified he was a...

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