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STATE v. ROBBINS

No. 59799.

257 N.W.2d 63 (1977)

STATE of Iowa, Appellee, v. Jack Leroy ROBBINS, Appellant.

Supreme Court of Iowa.

August 31, 1977.

Attorney(s) appearing for the Case

John W. Ackerman, Cedar Falls, for appellant.

Richard C. Turner, Atty. Gen., Richard H. Doyle IV, Asst. Atty. Gen., and David H. Correll, County Atty., for appellee.

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

LeGRAND, Justice.

Defendant was charged by Information with driving his automobile in violation of § 321.561, The Code, 1975. When his demurrer to the Information was overruled, he elected to stand on the grounds there asserted and refused to plead over. He was later sentenced under the provisions of § 777.10, The Code, 1975. He appeals. We reverse and remand.

Defendant's demurrer raised constitutional...

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