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STATE v. BIGGINS

No. 48372.

63 N.W.2d 292 (1954)

STATE v. BIGGINS.

Supreme Court of Iowa.

Rehearing Denied May 7, 1954.

Attorney(s) appearing for the Case

John S. Redd, Sidney, for appellant.

Leo A. Hoegh, Atty. Gen. of Iowa, Raphael R. R. Dvorak, Asst. Atty. Gen., and John R. Thornell, County Atty. of Fremont County, Sidney, for appellee.

SMITH, Justice.

The indictment, as originally drawn, charged the commission of the crime as a "second offense" in that defendant had been previously convicted of a similar offense in November, 1930. Defendant demurred to the indictment on the ground the alleged former offense was "under a prior and different statute, and * * * not in law, or in fact, a prior offense, or conviction, under or within the purview of section...

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