State v. Powell

WESTHUES, Judge.

Harold Powell was convicted in the Circuit Court of Clay County, Missouri, on a charge of operating a motor vehicle while in an intoxicated condition. A jury assessed his punishment at 30 days’ imprisonment in the county jail. From the sentence imposed, he appealed to this court.

The offense of which Powell was convicted is a felony. Sec. 564.460, RSMo 1949, V.A.M.S. All sections of the statutes hereinafter cited will be from RSMo 1949, V.A.M.S., unless otherwise noted. This court has jurisdiction to review the case on appeal.

The State’s evidence was that on May 17, 1956, at…