STATE v. SIMMERING

No. 44550.

640 S.W.2d 146 (1982)

STATE of Missouri, Respondent, v. J. Allen SIMMERING, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied October 15, 1982.

Application to Transfer Denied November 15, 1982.


Attorney(s) appearing for the Case

Shaw Howlett & Schwartz, Ronald J. Kaden, Clayton, for appellant.

George Westfall, Pros. Atty., Clayton, for respondent.


CLEMENS, Senior Judge.

Defendant J. Allen Simmering has appealed from dual convictions for driving while intoxicated (Count I) and careless and imprudent driving (Count II). The trial court sentenced defendant to 15 days in jail on Count I and a $250 fine on Count II.

Here defendant does not challenge the evidentiary sufficiency. Instead he contends only that the trial court erred in both verdict directors. These in turn.

First, defendant claims the...

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