State v. Cox

HOUSER, Commissioner.

James Robert Cox, convicted by a jury of operating a motor vehicle while intoxicated, § 564.440, RSMo 1969, V.A.M.S., 1 and sentenced to two years’ imprisonment, has appealed, claiming that the trial court should have directed an acquittal because as a matter of law the evidence was not sufficient to support a conviction of operating a motor vehicle while in an intoxicated condition. Alternatively appellant seeks a new trial for error in main verdict-directing Instruction No. 5.

Conceding that it is not the function of the appellate court to weigh the evidence, appellant…