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State v. Gilbert

Missouri Court of Appeals, Springfield District
Dec 8, 1975
529 S.W.2d 489 (Mo. Ct. App. 1975)

Opinion

No. 9985.

October 9, 1975. Motion for Rehearing or Transfer to Supreme Court Denied October 16, 1975. Application to Transfer Denied December 8, 1975.

APPEAL FROM THE CIRCUIT COURT, PHELPS COUNTY, WELDON W. MOORE, J.

Dan L. Birdsong, Pros. Atty., Rolla, for respondent.

Jay V. White, Rolla, for appellant.


A Phelps County jury convicted defendant of driving while intoxicated and assessed a fine of $100.

An earlier appeal was dismissed as premature. State v. Gilbert, 507 S.W.2d 25 (Mo.App. 1974).

Appellant's complaints regarding the qualifications, or lack thereof, of the state trooper to administer a breathalyzer test and evidence thereof were answered by this court in State v. Forester, 490 S.W.2d 671 (Mo.App. 1973), and State v. Kramme, 491 S.W.2d 24 (Mo.App. 1973).

We have read the transcript and briefs of the parties and find the evidence in support of the jury's verdict is not insufficient and no error of law appears. An opinion would have no precedential value.

Affirmed pursuant to Rule 84.16(b), V.A.M.R.


Summaries of

State v. Gilbert

Missouri Court of Appeals, Springfield District
Dec 8, 1975
529 S.W.2d 489 (Mo. Ct. App. 1975)
Case details for

State v. Gilbert

Case Details

Full title:STATE OF MISSOURI, RESPONDENT, v. EARL LEROY GILBERT, APPELLANT

Court:Missouri Court of Appeals, Springfield District

Date published: Dec 8, 1975

Citations

529 S.W.2d 489 (Mo. Ct. App. 1975)