State v. Dodson

WASSERSTROM, Judge.

Defendant appeals from conviction by a jury and a fine of $100.00 for driving while intoxicated in violation of § 564.440 RSMo 1969, V.A.M.S. It was questionable whether the Points Relied Upon set forth in defendant’s brief on appeal should be considered as in compliance with Rule 84.-04(d), V.A.M.R. However, no complaint is made by the State, and indulgently construed the points can be read to allege error by the trial court in not sustaining defendant’s motion for acquittal at the close of all the evidence. This assignment of error must be sustained.

On the afternoon of…