State v. Forester

ROBERT LEE CAMPBELL, Special Judge.

Appellant was convicted by a jury of driving while intoxicated, and he appeals.

Approximately 5:00 p. m., on July 10, 1971, an automobile owned by appellant’s wife collided with a motor vehicle parked entirely off the highway on the shoulder of Route T in Phelps County, Missouri. An eyewitness to the collision testified that only one person was in the automobile. Appellant was seated in the front seat on the driver’s side of the automobile when Trooper Larry Owen of the Missouri State Highway Patrol arrived at the scene within ten minutes of the collision.…