STATE v. POFFENBARGER

No. 48811.

74 N.W.2d 585 (1956)

STATE of Iowa, Appellee, v. Ed. A. POFFENBARGER, Appellant.

Supreme Court of Iowa.

February 6, 1956.


Attorney(s) appearing for the Case

Thomas O. Tacy, Council Bluffs, for appellant.

Dayton Countryman, Atty. Gen., Raphael R. R. Dvorak, Asst. Atty. Gen., and Matt J. Walsh, Council Bluffs, County Atty., for appellee.


GARFIELD, Justice.

Defendant has appealed from a judgment imposing a fine of $1,000 following a jury verdict of guilty of operating a motor vehicle while intoxicated, second offense, in violation of section 321.281, Code 1954, I.C.A. He urges two grounds for reversal. First, the evidence he was driving his automobile at the time in question is insufficient; second, misconduct of the bailiff in charge of the jury during its deliberations. We hold the judgment should...

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