STATE v. HAMILTON

No. WD 31190.

601 S.W.2d 693 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Richard Lewis HAMILTON, Defendant-Appellant.

Missouri Court of Appeals, Western District.

July 8, 1980.


Attorney(s) appearing for the Case

Erwin L. Milne, Stockard, Andereck, Hauck, Sharp & Evans, Trenton, for defendant-appellant.

R. E. Moulthrop, Pros. Atty. for Harrison County, Bethany, for plaintiff-respondent.

Before CLARK, P. J., and DIXON, J., and SOMERVILLE, J.


DIXON, Judge.

Defendant appeals from a finding of guilty and a fine of $25 for the misdemeanor offense of failing to park his vehicle as near to the right-hand side of the highway as practicable, in violation of § 304.015.1 RSMo 1978. The bench trial was a de novo trial before the circuit court after appeal from conviction by an associate circuit judge. The issue is whether the defense of emergency action is available to the defendant.

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