State v. Deleal

1 Citing case

  1. State v. Shelburn

    956 S.W.2d 467 (Mo. Ct. App. 1997)

    It does not limit evidence of the refusal to the initial request. In State v. Deleal, 911 S.W.2d 639, 641 (Mo.App. 1995), there was evidence of two refusals to take a breathalyzer, and the court found no error in the prosecutor's argument following the evidence. However, there was no specific contention by defendant relating to the second refusal, as there is here. Nevertheless, we conclude that the statute does not limit the evidence of the refusal to one denial and if one denial is evidence of guilt, then a second one also would be.