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STATE v. GANAWAY

No. 48058.

55 N.W.2d 325 (1952)

STATE v. GANAWAY.

Supreme Court of Iowa.

October 14, 1952.

Attorney(s) appearing for the Case

Sidney C. Levine, Des Moines, for appellant.

Robert L. Larson, Atty. Gen., Raphael R. R. Dvorak, Asst. Atty. Gen., and Clyde E. Herring, County Atty., Des Moines, for appellee.

GARFIELD, Justice.

Defendant was indicted for operating a motor vehicle while intoxicated, third offense, in violation of section 321.281, Code 1950, I.C.A. A jury found him guilty and the court sentenced him. Upon this appeal he assigns error in submitting to the jury only two forms of verdict. (1) guilty of the third offense, and (2) not guilty, and instructing the jury the two prior convictions, as charged, were established...

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