STATE v. BROWN

No. 11761.

607 S.W.2d 813 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Arlen Bert BROWN, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Three.

Motion for Rehearing or to Transfer Denied October 23, 1980.

Application to Transfer Denied December 15, 1980.


Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Downs & Johnson, Cape Girardeau, for defendant-appellant.


Motion for Rehearing or to Transfer to Supreme Court Denied October 23, 1980.

BILLINGS, Presiding Judge.

Defendant Arlen Bert Brown was jury-tried and convicted in Dunklin County of driving while intoxicated, third offense [§ 577.010, RSMo 1978] and sentenced to one year in the county jail. He contends prejudicial error was committed by the prosecuting attorney in closing argument and that the sentence imposed exceeded the punishment assessed by the jury...

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