State v. Applewhite

BILLINGS, Presiding Judge.

Defendant was jury-tried and convicted in the Circuit Court of Scott County of the offense of possessing a weapon while intoxicated, in violation of § 571.115, RSMo 1978.1 He was sentenced as a persistent offender to 3 years imprisonment. In this appeal he seeks reversal of his conviction, contending his tendered instruction defining “intoxication” should have been given by the trial court, and that the statute under which he was prosecuted is “unconstitutionally vague and overbroad.” We affirm.

Rule 30.06(e), provides in part: “If a point relates to the giving,…