State v. Kennedy

GUNN, Judge.

Defendant-appellant was convicted in the St. Louis Court of Criminal Corrections of driving while intoxicated in violation of § 564.440 RSMo 1969 and was fined $125. Defendant’s appeal has been submitted on an abbreviated transcript 1 with the following scanty stipulation of facts serving as the total facts presented to us:

“On or about June 6, 1973, Patrolman Francis Stoll of the City of St. Louis Metropolitan Police Department, came upon defendant’s car which was stopped in the outside traffic lane on Highway 40 West near Oakland Avenue. Defendant was not in the driver’s seat but…