State v. Carwile

HOGAN, Presiding Judge.

Upon a jury trial, the defendant was found guilty of the offense of driving while intoxicated, and his punishment was assessed at a fine of $100. He appeals. No prior convictions for the same offense were alleged or proved. The defendant has, therefore, been found guilty of a misdemeanor, and we have jurisdiction of the appeal. Section 564.440; 1 State v. Tucker, Mo.App., 427 S.W.2d 784, 785.

“About midnight on Saturday night,” March 10, 1968, defendant was seen leaving a tavern “across from the City Hall” in Belle, Missouri, by Trooper Dennis Hern-don of the Missouri…