State v. Davis

COIL, Commissioner.

A jury convicted Fred W. Davis of feloni-ously driving an automobile on a public highway in Taney County while in an intoxicated condition and fixed his punishment at two years in the state penitentiary. See Sections 564.440 and 564.460 RSMo 1959 and V.A.M.S. Davis appealed from the ensuing judgment but has filed no brief. We shall, therefore, examine the three assignments contained in his motion for new trial.

Inasmuch as defendant does not contend that the state failed to make a submissible case, suffice it to say that there was substantial evidence from which the jury…