State v. Persell

JAMES W. BROADDUS, Special Commissioner.

The defendant Persell, was charged with driving a motor vehicle while intoxicated in violation of Sect. 564.440 V.A.M.S. The case was tried to the court, a jury having been waived. The court found defendant guilty and assessed a fine of $100, plus costs. Defendant has appealed.

As its first witness the State called Chester Baker, a sergeant for the Missouri Highway Patrol for 18 years. He testified that he observed the defendant on August 27, 1969, at a place about two miles south of Tindall on Highway 65 in Grundy County; that he was going south in the…