STATE v. FINNEGAN

No. 47938.

55 N.W.2d 223 (1952)

STATE v. FINNEGAN.

Supreme Court of Iowa.

Rehearing Denied December 19, 1952.


Attorney(s) appearing for the Case

Raymond Rosenberg, of Des Moines, and John Donahey, of Panora, for appellant.

Robert L. Larson, Atty. Gen., Raphael R. R. Dvorak, Asst. Atty. Gen., and Robert Y. Taylor, of Guthrie Center, County Atty., for appellee.


GARFIELD, Justice.

The indictment charged defendant with the third offense of operating a motor vehicle while intoxicated as defined in section 321.281, Code 1950, I.C.A. However, the indictment alleged three prior convictions, not merely two, the first on December 4, 1936, all in Guthrie county.

Defendant demurred to the indictment. Only ground of the demurrer necessary to mention was in substance that since three previous convictions were alleged defendant...

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