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STATE v. RABE

No. 18611.

870 S.W.2d 453 (1994)

STATE of Missouri, Plaintiff-Respondent, v. Tom RABE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and/or Transfer Denied February 22, 1994.

Attorney(s) appearing for the Case

Paul F. Sherman, Daniel, Clampett, Lilley, Dalton, Powell & Cunningham, Springfield, for defendant-appellant.

Thomas E. Mountjoy, Pros. Atty., Rose A. Barber, Asst. Pros. Atty., Greene County, Springfield, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 22, 1994.

PREWITT, Judge.

Following nonjury trial defendant was found guilty of operating a motor vehicle while intoxicated. Defendant presents two points relied on. His first point states:

The trial court erred in finding defendant guilty based on breath testing by Bac Verifier No. 509219 in that findings of the first and second tests...

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