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STATE v. BRUNS

No. KCD 26987.

522 S.W.2d 54 (1975)

STATE of Missouri, Respondent, v. Elmer Henry BRUNS, Appellant.

Missouri Court of Appeals, Kansas City District.

March 31, 1975.

Attorney(s) appearing for the Case

Len L Balke, Kansas City, for appellant.

Robert S. Drake, Jr., Pros. Atty., Benton County, Warsaw, for respondent.

Before SOMERVILLE, P. J., PRICHARD, C. J., and TURNAGE, J.

PRITCHARD, Chief Judge.

In this jury-waived trial, the court found appellant guilty of driving a motor vehicle while intoxicated, in violation of § 564.440, RSMo 1969, V.A.M.S., and his punishment was set at a $100.00 fine.

Respondent says that appellant did not present his present points to the trial court in his motion for new trial. No motion for new trial is necessary in a court-tried case for the purpose...

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