State v. Shephard

MANFORD, Judge.

This is a direct appeal from a judgment entered in accord with jury conviction for the offense of operating a motor vehicle while intoxicated, a class B misdemeanor, in violation of § 577.010 R.S.Mo.1978. The judgment is affirmed.

Two points are presented which charge the trial court erred (1) in admitting breathalyzer test results because of an insufficient foundation for such evidence, and (2) in submission of an instruction for failure of said instruction to instruct the jury as to the full range of punishment, as required by § 557.036(2), R.S.Mo.1978.

The pertinent facts from…