STATE v. JOHNSON

No. 43078.

625 S.W.2d 934 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Larry Earsel JOHNSON, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

December 8, 1981.


Attorney(s) appearing for the Case

Bollow, Wallace & McConnell, James McConnell, Shelbina, for defendant-appellant.

James N. Foley, Pros. Atty., Macon, for plaintiff-respondent.


PUDLOWSKI, Judge.

Appellant, Larry Earsel Johnson, was convicted of driving while intoxicated. The facts are not in dispute. Appellant was arrested on the evening of July 5, 1979 for violating Mo.Rev.Stat. § 577.010 (1978), which prohibits operating a motor vehicle in an intoxicated or drugged condition.

Appellant's first contention alleges that the court erred in failing to instruct on the full range of punishment in its verdict directing instruction...

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