STATE v. HUTTON

No. 55424.

207 N.W.2d 581 (1973)

STATE of Iowa, Appellee, v. Jerome Dane HUTTON, Appellant.

Supreme Court of Iowa.

May 23, 1973.


Attorney(s) appearing for the Case

Stanford L. Trumbower, Des Moines, for appellant.

Richard C. Turner, Atty. Gen., Fred M. Haskins, Asst. Atty. Gen., and Richard Poffenberger, County Atty., Perry, for appellee.

Considered en banc.


REYNOLDSON, Justice.

Defendant was convicted by a jury of operating a motor vehicle while under the influence of an alcoholic beverage in violation of § 321.281, The Code. He appeals from the judgment imposing sentence on that conviction. We reverse and remand for a new trial.

A recitation of facts is unnecessary. The sole issue in this case arises out of a single jury instruction.

We set out instruction 11 in full:

"A statute of this...

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