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STATE v. SCATURRO

No. 35179.

509 S.W.2d 491 (1974)

STATE of Missouri, Plaintiff-Respondent, v. Richard J. SCATURRO, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division 1.

April 30, 1974.

Attorney(s) appearing for the Case

James S. Collins, II, Whalen, O'Connor, Collins & Danis, St. Louis, for defendant-appellant.

Thomas W. Shannon, Pros. Atty., Kenneth S. Kochmann, Asst. Pros. Atty., St. Louis, for plaintiff-respondent.

KELLY, Judge.

Appellant was convicted of Driving While Intoxicated in violation of Sec. 564.440 RSMo 1969, V.A.M.S., after trial to the court without a jury and after his motion for new trial was overruled he was sentenced to pay a fine of $125.00 and court costs. This appeal followed.

In this Court the appellant contends that the evidence was insufficient to support a finding of guilt1

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