STATE v. MILLIKEN

No. 55606.

204 N.W.2d 594 (1973)

STATE of Iowa, Appellee, v. Arnold Raymond MILLIKEN, Appellant.

Supreme Court of Iowa.

February 21, 1973.


Attorney(s) appearing for the Case

Donald C. Wilson, of Lundy, Butler, Wilson & Hall, Eldora, for appellant.

Richard C. Turner, Atty. Gen., Fred M. Haskins, Asst. Atty. Gen., and Clark E. McNeal, Eldora, County Atty., for appellee.

Heard before MOORE, C. J., and MASON, RAWLINGS, HARRIS and McCORMICK, JJ.


RAWLINGS, Justice.

Defendant appeals from judgment entered on jury verdict finding him guilty of operating a motor vehicle while under the influence of an alcoholic beverage, second offense. We reverse.

The statutorily proscribed act for which defendant, Arnold Raymond Milliken, was charged, tried and convicted, occurred August 5, 1971, in Iowa Falls. When arrested he was asked to step out of the car being driven by him, then walk and perform a balance test...

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