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STATE v. BLUMER

No. KCD 28658.

546 S.W.2d 790 (1977)

STATE of Missouri, Plaintiff-Respondent, v. Michael T. BLUMER, Defendant-Appellant.

Missouri Court of Appeals, Kansas City District.

January 31, 1977.

Attorney(s) appearing for the Case

John B. Schwabe, II, Columbia, for defendant-appellant.

David M. Strauss, Asst. Pros. Atty., Boone County, Columbia, for plaintiff-respondent.

Before SWOFFORD, P. J., PRITCHARD, C. J., and DIXON, J.

DIXON, Judge.

Defendant appeals a judgment of conviction and sentence imposed for driving while intoxicated as proscribed by § 564.440, RSMo 1969. He asserts error in failure to instruct on driving with ten-hundredths of one percent or more by weight of alcohol in the blood (an offense proscribed by § 564.439, RSMo Supp. 1975), claiming that it is a lesser included offense of driving while intoxicated. He also asserts error in the overruling of his objection...

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