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SMITH v. SPRADLING

No. 27282.

536 S.W.2d 776 (1976)

Juan L. SMITH, Appellant, v. James R. SPRADLING, Director, Department of Revenue, and Lee Virt H. Williams Supervisor, Bureau of Driver's License, Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied March 29, 1976.

Application to Transfer Denied June 14, 1976.

Attorney(s) appearing for the Case

Ralph W. Blinston, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Richard L. Wieler, Jefferson City, for respondent.

Before TURNAGE, P. J., and WELBORN and HIGGINS, Special Judges.

ANDREW JACKSON HIGGINS, Special Judge.

Appeal from judgment affirming revocation of license to operate a motor vehicle because of refusal to submit to a chemical test. § 564.444, RSMo 1969. The questions are: (1) whether Section 564.444 is vague with respect to the warning to be given the motorist by the arresting officer; (2) whether Section 564.444 is an improper and vague delegation of the power of revocation to...

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