State v. Bruns

PRITCHARD, Chief Judge.

In this jury-waived trial, the court found appellant guilty of driving a motor vehicle while intoxicated, in violation of § 564.440, RSMo 1969, V.A.M.S., and his punishment was set at a $100.00 fine.

Respondent says that appellant did not present his present points to the trial court in his motion for new trial. No motion for new trial is necessary in a court-tried case for the purpose of appellate review under Rule 73.01, subd. 2(b), V.A.M.R.,—the provisions of which are applicable to criminal cases under Rule 28.18. The major inquiry is whether the evidence adduced by…