Criminal Law: DWI-Closing Argument-Beer Bottle Demonstration

Where a defendant challenged a guilty verdict in a driving-while-intoxicated case, direct and circumstantial evidence supported the reasonable inference that the defendant was intoxicated while driving, and the trial court did not abuse its discretion in overruling the defendant’s objection to the state’s closing argument referencing a 12-pack of beer bottles to demonstrate the amount of alcohol that the defendant consumed before driving.

Judgment is affirmed.

State v. Swalve (MLW No. 74825/Case No. ED107538 – 12 pages) (Missouri Court of Appeals, Eastern District, Dolan, J.) Appealed from circuit court, Cape Girardeau County, Brewer, J. (Travis L. Noble Jr., Megan D. Atzert, and Philip G. Scanlon for appellant) (Scott T. Reinagel for respondent).