State v. Fisher

SOMERVILLE, Judge.

Defendant was found guilty by a jury of his peers of a misdemeanor — driving a motor vehicle while intoxicated, second offense (Section 564.440 RSMo 1969, V.A. M.S.). The jury was unable to agree on defendant’s punishment, whereupon the court fixed defendant’s punishment at cori-finement in the county jail for fifteen days *282(the minimum assessable punishment under Section 564.440, supra).

On appeal defendant argues, (1) that his conviction should be reversed outright because there was not sufficient evidence to sustain it, or (2) that his conviction should be reversed and the…