State v. Myers

Defendant was charged in the Circuit Court of Laclede County with the second offense misdemeanor of operating a motor vehicle while in an intoxicated condition. § 564.440. 1 Out of the hearing of the jury, the trial court conducted a pre-trial investigation of defendant’s previous conviction and determined that on September 27, 1964, “defendant was convicted of driving an automobile while in an intoxicated condition, a misdemeanor * * * and paid a fine of” $10 and costs of $11.55 “in the Magistrate Court.” 2 Thereafter, the court announced “the only issue that will be submitted to the jury…