Legal Opinion

State v. McCarty

Missouri Court of Appeals

Decided May 6, 1994No. 19020PublishedCited by 9 opinions

1Opinion of the Court

MONTGOMERY, Judge.

In this nonjury case, Vincent McCarty (Defendant) appeals from his conviction of the class B misdemeanor of driving while intoxicated. § 577.010, RSMo 1986. In Defendant’s single point relied on, he alleges that the evidence was insufficient to support the judgment. We affirm.

In a jury-waived case, the trial court’s findings have the force and effect of a jury verdict. Rule 27.01(b). Therefore, we review this case as though a jury had returned a verdict of guilty. State v. Giffin, 640 S.W.2d 128, 130 (Mo.1982). Review of a challenge to the sufficiency of the evidence is done…

2Cases cited8 opinions

  1. State v. GiffinSupreme Court of Missouri · 1982
  2. State v. HarrisMissouri Court of Appeals · 1989
  3. State v. RuarkMissouri Court of Appeals · 1986
  4. State v. BlumerMissouri Court of Appeals · 1977
  5. State v. SpainMissouri Court of Appeals · 1988

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. MyersMissouri Court of Appeals · 1997
  2. State v. MaggardMissouri Court of Appeals · 1995
  3. Dixon v. Director of RevenueMissouri Court of Appeals · 2003
  4. State v. VanosdolMissouri Court of Appeals · 1998
  5. State of Missouri v. Stephen CainesMissouri Court of Appeals · 2014

4 more not listed; retrieve them via the Exa API.

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