Missouri Court of Appeals November 13, 1998, No. 22167 (State v. Neal)

JAMES K. PREWITT, Presiding Judge

Following jury trial, Appellant was convicted of driving while intoxicated. Section 577.010, RSMo 1994. Appellant appeals, contending “the State failed to prove an element of the alleged crime in that the State’s evidence was not sufficient as a matter of law to prove the Appellant was in ‘actual physical control’ of a motor vehicle.