[DOWNLOAD] "State Missouri v. J. D. Sinclair" by Springfield District Missouri Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. J. D. Sinclair
- Author : Springfield District Missouri Court of Appeals
- Release Date : January 17, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The defendant was convicted by a jury of the offense of driving while intoxicated as defined and denounced by § 564.440, 1 and his punishment was assessed at a fine of $100. He appeals, alleging as grounds for reversal that the result of a Breathalyzer test was erroneously and prejudicially received in evidence against him, because the State failed to show that the test was a method of chemical analysis approved by the Division of Health as required by the provisions of § 564.441. Though the point raised is narrow and rather technical, we think it is well taken. We reverse and remand. The sufficiency of the evidence to sustain the conviction need not be considered on this appeal, peripheral issues will be disregarded, and therefore no extensive Discussion of the background facts is necessary. The defendant was arrested after he was found driving a transport trailer truck, loaded with new Chevrolet automobiles, south in the dual northbound lane of Interstate Highway 55 in New Madrid County. A member of the State Highway Patrol was summoned. The trooper, having detected that there was an odor of alcoholic beverage on defendant's breath, and having observed that defendant's ""eyes were a little shiny - watery,"" decided to administer a Breathalyzer test. The defendant was taken to the county jail at New Madrid, where the test was administered during the early morning hours on April 12, 1969. The trooper, Trooper Herb Campbell, obtained a reading of .19.