STUART, Justice.
Defendant has appealed from a conviction on the charge of operating a motor vehicle while intoxicated, second offense. Two errors are assigned.
I. Defendant's first assigned error is the refusal of the trial court to give his requested instruction stating in substance that "it is not illegal to consume alcholic beverages in the State of Iowa and that it is not unlawful in the State of Iowa to consume alcoholic beverages and then drive an automobile...
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