State v. Bush

CLARK, Judge.

Following an automobile accident, appellant Bush was charged by information with operating a motor vehicle in contravention of Section 564.440, RSMo 1969 while in an intoxicated condition, second offense. Trial was to a jury which returned a verdict of guilty and recommended a sentence of twenty-one days in the county jail. The court sentenced Bush in accordance with the verdict and he appeals.

Bush first asserts that the trial court erred in admitting in evidence the results of a chemical breath analysis test performed on him following the accident contending: (a) that evidence…