State v. Smith

SOMERVILLE, Presiding Judge.

Defendant was charged as a second offender with driving while intoxicated— third offense. He was found guilty by a jury and in due course the trial court assessed his punishment at four years confinement in the Missouri Department of Corrections and sentence and judgment were pronounced accordingly.

A single point, sharply drawn, is relied on by defendant on appeal — inapplicability of the Second Offender Act to the third offense of driving while intoxicated.

As the driving offense for which defendant stood charged occurred on May 2, 1978, and trial thereof commenced…