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STATE v. NEHER

No. WD 38187.

726 S.W.2d 362 (1987)

STATE of Missouri, Respondent, v. Donald Martin NEHER, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Denied March 3, 1987.

Application to Transfer Denied April 14, 1987.

Attorney(s) appearing for the Case

Farrell D. Hockemeier, Richmond, of counsel, for appellant.

Kenneth J. Berra, Ray County Pros. Atty., Richmond, for respondent.

Before PRITCHARD, P.J., and KENNEDY and LOWENSTEIN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 3, 1987.

PRITCHARD, Presiding Judge.

In a trial to the court, appellant was convicted of driving while intoxicated in violation of § 577.010, RSMo 1978, and was fined $200.00.

At 8:45 p.m., on August 24, 1985, City police officers Conrad and Wheeler were sitting in their marked patrol car just within the city limits of Norborne, Carroll County, Missouri. They observed appellant...

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