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STATE v. GARDNER

No. 48285.

61 N.W.2d 458 (1953)

STATE v. GARDNER.

Supreme Court of Iowa.

December 15, 1953.

Attorney(s) appearing for the Case

Bailey C. Webber and Hal P. Beck, Ottumwa, for appellant.

Leo A. Hoegh, Atty. Gen., Raphael R. R. Dvorak, Asst. Atty. Gen., Richard M. Ackley, County Atty. of Wapello County, Ottumwa, for appellee.

BLISS, Justice.

On June 24, 1952, defendant was arrested and charged with operating a motor vehicle on the public streets of Ottumwa, Wapello County, Iowa, while in an intoxicated condition. On a preliminary hearing on June 29, 1952 he was bound over to the grand jury, which returned an indictment on September 15, 1952, charging him with so operating a motor vehicle, as a third offense. With respect to two previous convictions, the indictment charged: that on or about...

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