Legal Opinion
State v. Blumer
Missouri Court of Appeals
Decided January 31, 1977No. KCD 28658PublishedCited by 17 opinions
1Opinion of the Court
DIXON, Judge.
Defendant appeals a judgment of conviction and sentence imposed for driving while intoxicated as proscribed by § 564.440, RSMo 1969. He asserts error in failure to instruct on driving with ten-hundredths of one percent or more by weight of alcohol in the blood (an offense proscribed by § 564.-439, RSMo Supp. 1975), claiming that it is a lesser included offense of driving while intoxicated. He also asserts error in the overruling of his objection and motion for mistrial made during the closing argument of the prosecutor. We affirm.
Since no claim is made that the evidence was…
2Cases cited8 opinions
- State v. AmsdenSupreme Court of Missouri · 1957
- State v. DodsonMissouri Court of Appeals · 1973
- State v. JonesSupreme Court of Missouri · 1964
- State v. HarrisSupreme Court of Missouri · 1967
- State v. ScaturroMissouri Court of Appeals · 1974
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. RoseMissouri Court of Appeals · 2002
- State v. BushMissouri Court of Appeals · 1980
- State v. WilsonMissouri Court of Appeals · 1993
- Anderjeski v. City Court of City of MesaArizona Supreme Court · 1983
- State v. RuarkMissouri Court of Appeals · 1986
12 more not listed; retrieve them via the Exa API.