STATE v. CREIGHTON

No. 55428.

201 N.W.2d 471 (1972)

STATE of Iowa, Appellee, v. Harold Lee CREIGHTON, Appellant.

Supreme Court of Iowa.

October 18, 1972.


Attorney(s) appearing for the Case

Reynoldson, Brown & Van Werden, Osceola, for appellant.

Richard C. Turner, Atty. Gen., and C. Joseph Coleman, Asst. Atty. Gen., and Robert C. Stewart, County Atty., for appellee.

Heard before MOORE, C. J., and MASON, RAWLINGS, LeGRAND and REES, JJ.


LeGRAND, Justice.

Defendant's appeal following his conviction for operating a motor vehicle while under the influence of an alcoholic beverage in violation of section 321.281, The Code, alleges error in the trial court's failure to sustain his motion for a directed verdict at the close of all the evidence. We reverse; and since we hold defendant was entitled to have his motion for directed verdict sustained, we direct that a judgment of acquittal be entered.

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