State v. Scaturro

KELLY, Judge.

Appellant was convicted of Driving While Intoxicated in violation of Sec. 564.-440 RSMo 1969, V.A.M.S., after trial to the court without a jury and after his motion for new trial was overruled he was sentenced to pay a fine of $125.00 and court costs. This appeal followed.

In this Court the appellant contends that the evidence was insufficient to support a finding of guilt 1 and that a medical doctor should not have been permitted to read from a hospital record an entry wherein a resident physician noted “appears inebriated.” We find no error and therefore affirm.

Briefly stated…