STATE v. BELLEW

No. 11025.

586 S.W.2d 461 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Wilburn BELLEW, Defendant-Appellant.

Missouri Court of Appeals, Southern District, En Banc.

August 30, 1979.


Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., M. Hillel Finkelstein, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Richard L. Parker, Asst. Public Defender, Vienna, for defendant-appellant.


PREWITT, Judge.

Defendant appeals from his fourth conviction of driving a motor vehicle while intoxicated. Section 564.440, RSMo 1969. He was sentenced to three years imprisonment.

Defendant makes one point on appeal. He contends that the trial court erred in allowing the prosecuting attorney to state in the final part of his closing argument: "There was no evidence of a Breathalyzer examination because that man refused to take one. That's why there's not...

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