State v. Litterell

SHANGLER, Presiding Judge.

The defendant Litterell was convicted of driving while intoxicated in violation of § 577.010, RSMo 1986, and was sentenced to 30 days in the county jail and a fine of $300.

On this appeal Litterell contends for a judgment of acquittal on grounds that the evidence failed to prove, prima facie, that he was driving while intoxicated within the meaning of the statute, and that the arrest was made within the time limitation imposed by § 577.039, RSMo 1986. We determine that the evidence was sufficient to prove a violation of § 577.010 and that the conviction comported with…