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STATE v. HEPBURN

No. 61229.

270 N.W.2d 629 (1978)

STATE of Iowa, Appellee, v. William HEPBURN, Jr., Appellant.

Supreme Court of Iowa.

October 18, 1978.

Attorney(s) appearing for the Case

John R. Hearn, of Payton & Hearn, P.C., Des Moines, for appellant.

Richard C. Turner, Atty. Gen., Ann Fitzgibbons, Asst. Atty. Gen., Des Moines, Dan L. Johnston, County Atty. and Robert A. Burnett, Jr., Asst. County Atty., for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, REES, UHLENHOPP and HARRIS, JJ.

HARRIS, Justice.

Defendant William Hepburn, Jr., appeals his conviction of operating a motor vehicle while under the influence of an intoxicating beverage, second offense, in violation of § 321.281, The Code. He challenges a jury instruction and the propriety of a trial court ruling by which the same jury that had found him guilty of the principal offense reconvened to consider the State's claim of a prior conviction...

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