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STATE v. KENNEDY

No. 35948.

530 S.W.2d 479 (1975)

STATE of Missouri, Plaintiff-Respondent, v. James P. KENNEDY, Defendant-Appellant.

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

November 25, 1975.

Attorney(s) appearing for the Case

Rosecan, Popkin & Chervitz, Stanley J. Goodkin, St. Louis, for defendant-appellant.

J. Brendan Ryan, Circuit Atty., Thomas W. Shannon, Pros. Atty., Edward Hupert, Asst. Pros. Atty., St. Louis, for plaintiff-respondent.

GUNN, Judge.

Defendant-appellant was convicted in the St. Louis Court of Criminal Corrections of driving while intoxicated in violation of § 564.440 RSMo 1969 and was fined $125. Defendant's appeal has been submitted on an abbreviated transcript1 with the following scanty stipulation of facts serving as the total facts presented to us:

"On or about June 6, 1973, Patrolman Francis Stoll of the City of St. Louis Metropolitan...

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