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STATE v. VALEU

No. 51596.

134 N.W.2d 911 (1965)

STATE of Iowa, Appellant, v. Arthur Raymond VALEU, Appellee.

Supreme Court of Iowa.

May 4, 1965.

Attorney(s) appearing for the Case

Lawrence F. Scalise, Atty. Gen., Don R. Bennett, Asst. Atty. Gen., and Robert B. Dickey, Keokuk, County Atty., for appellant.

N. E. McManus, Keokuk, for appellee.

MOORE, Justice.

On September 10, 1964 the Lee County grand jury returned an indictment against Arthur Raymond Valeu charging him with operating a motor vehicle while intoxicated contrary to section 321.281, Code 1962, I.C.A. Defendant demurred to the indictment for the reason it failed to allege the operation took place on a public highway. The trial court found the alleged operation occurred in a private parking lot and sustained the demurrer. The state appeals....

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