OLIVER, Justice.
February 24, 1953, defendant was arrested and a county attorney's information was filed charging he "did, for a third offense, operate a motor vehicle on a public highway while in an intoxicated condition, in violation of section 321.281 of the 1950 Code of Iowa [I.C.A.]." The same day he entered a written plea of guilty and judgment was rendered that he be committed to the state penitentiary for not to exceed three years. February 28 he filed application...
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