State v. Johnston

CROW, Judge.

Appellant, tried by the court without a jury, was found guilty of driving while intoxicated, first offense, § 577.010.1-.010.-2(1), RSMo 1978, and sentenced to 30 days’ imprisonment in the county jail. Execution of the sentence was suspended and appellant was placed on probation, subject to certain conditions immaterial here.

The primary issue in this appeal is whether the evidence was sufficient to establish the corpus delicti of driving while intoxicated, thereby providing a basis for the admission in evidence of appellant’s extrajudicial statement that he had driven the vehicle…