State v. Canepa

KENNEDY, Judge.

Defendant was charged with and was convicted of speeding over 70 miles per hour, § 804.010, RSMo Cum.Supp.1983. There is no challenge to the sufficiency of the evidence to support the verdict.

Defendant complains on appeal that the trial court failed to give the instruction tendered by him, authorizing conviction of speeding over 55 miles per hour. § 304.-009, RSMo Cum.Supp.1983. We will assume that there was evidence to support the hypothesis that defendant was driving over 55 miles per hour and less than 70 miles per hour.

Defendant says that driving over 55 miles per hour is a…