State Missouri v. Frederick D. Long

Defendant was found guilty of driving while intoxicated, second offense, and was sentenced to nine months in the St. Louis Medium Security Institution. Defendant appeals. We affirm. On February 25, 1983, defendant Frederick D. Long, his girlfriend Shirley Cunningham, his aunt and uncle, Lydia and Fred Gerding, and approximately six or seven other people had dinner at a restaurant on Compton Avenue in the City of St. Louis. Defendant first arrived at the restaurant about 5:30 p.m., left shortly afterward, and returned about an hour later with another man who joined the group. The group broke up around 10:00 p.m., with everyone departing in separate cars. Defendant was driving a utility truck owned by his aunt's company, F.A. Enterprises. Mrs. Cunningham and Mr. & Mrs. Gerding all testified that defendant had had three or four drinks, each consisting of wine and seltzer, during the course of the evening, and that defendant did not appear drunk when he left the restaurant.