[DOWNLOAD] "State Missouri v. Ivan A. Chester" by Springfield District Missouri Court of Appeals " Book PDF Kindle ePub Free

eBook details

Title: State Missouri v. Ivan A. Chester
Author : Springfield District Missouri Court of Appeals
Release Date : January 08, 1969
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

Defendant Ivan A. Chester appeals from the judgment and sentence entered upon the jury verdict which found him guilty of the
misdemeanor of driving a motor vehicle while in an intoxicated condition [V.A.M.S. § 564.440, as amended Laws 1963,
p. 686], and assessed the minimum punishment, to wit, a fine of $100. Defendant's principal point on this appeal is that "the court erred in refusing to direct a verdict of not guilty at the
close of the state's case or at the close of all evidence ...." Motions for directed verdict in criminal cases were abolished
and motions for judgment of acquittal substituted in their place by the express provisions of V.A.M.R. Rule 26.10; but, in
"the just determination" of the cause [V.A.M.R. Rule 36.02], we will treat instant defendant's motions as motions for judgment
of acquittal and the point in his appellate brief as amended accordingly. However, by testifying in his own behalf he waived
any claim of error in overruling his motion at the close of the state's case [State v. Hill, Mo., 438 S.W.2d 244, 247(5);
State v. McDaniel, Mo., 392 S.W.2d 310, 314(2)] and submissibility must be determined upon the entire evidence. State v. Sykes,
Mo., 372 S.W.2d 24, 25(2); State v. Davis, Mo., 365 S.W.2d 577, 579(3).