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STATE v. O'TOOLE

No. 65415.

673 S.W.2d 25 (1984)

STATE of Missouri, Plaintiff-Respondent, v. William M. O'TOOLE, Defendant-Appellant.

Supreme Court of Missouri, En Banc.

July 17, 1984.

Attorney(s) appearing for the Case

Richard Boardman, St. Louis, for defendant-appellant.

Peter J. Krane, Asst. Pros. Atty., George R. Westfall, St. Louis County, Clayton, for plaintiff-respondent.

HIGGINS, Judge.

William O'Toole was charged with driving while intoxicated in violation of section 577.010, RSMo 1982. The associate circuit court overruled defendant's motion to dismiss for lack of jurisdiction and found him guilty. On appeal the circuit court also overruled O'Toole's motion to dismiss and upon trial entered a judgment of guilty as charged. Appellant again questions whether section 577.010, RSMo 1982, was constitutionally enacted, and whether the...

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