State v. Myers

TITUS, Presiding Judge.

By information filed in the Circuit Court of Laclede County, defendant was charged with the second offense misdemeanor of operating a motor vehicle while in an intoxicated condition. § 564.440(2) RSMo 1969, V.A.M.S. Upon the assumption that it was for the trial court to assess the punishment if the jury returned a verdict of guilty, the jurors were instructed “that the only issue * * * which you will determine by your verdict is whether or not the defendant * * * is guilty or not guilty.” The jury returned a verdict of guilty on May 5, 1970, and immediately thereafter…