State v. Crowell

TITUS, Judge.

Defendant was convicted of first offense operating a motor vehicle while intoxicated [§ 564.440(1)] 1 and appeals.

Defendant’s brief on appeal contains five points relied on. Points 3,4 and 5 are tendered without citation of authority as required by Rule 84.04(d). When this occurs, the points are deemed to have been waived or abandoned. State v. Davis, 556 S.W.2d 745, 747[8] (Mo.App.1977); State v. Halliburton, 531 S.W.2d 554, 556[5] (Mo.App.1975); State v. Schulten, 529 S.W.2d 432, 434[2] (Mo.App.1975). In point numbered 2, defendant complains of the giving of Instruction No. 5.…