STUART, Justice.
We are here concerned with the effect of an erroneous ruling by the trial court sustaining a demurrer to an indictment on the right of the state to proceed to trial under such indictment. On September 10, 1964 defendant was indicted on the charge of operating a motor vehicle while intoxicated. The indictment and accompanying minutes revealed the driving occurred in a private parking lot. A demurrer was sustained on the theory that such driving must...
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