State v. Preston

H. A. KELSO, Special Judge.

This is an appeal from a conviction wherein the appellant, hereinafter referred to as the defendant, was convicted in a jury waived trial in the Circuit Court of Greene County, Missouri, of driving while intoxicated, third defense. Punishment was assessed at one year in the county jail.

The facts in this case are rather simple and largely uncontroverted.

On April 30, 1976, the defendant Harold W. Preston was driving a 1964 Chevrolet station wagon east on Interstate Highway No. 44 in Greene County, Missouri. A Missouri state highway patrol trooper, Billy Chadwick, by…