STATE v. JOHNSON

No. 50054.

109 N.W.2d 625 (1961)

STATE of Iowa, Appellee, v. Cleve Marion JOHNSON, Appellant.

Supreme Court of Iowa.

Rehearing Denied September 19, 1961.


Attorney(s) appearing for the Case

Mike Wilson, Des Moines, for appellant.

Evan Hultman, Atty. Gen., of Iowa, John H. Allen, Asst. Atty. Gen., Harry Perkins, Jr., Polk County Atty., Thomas P. Hyland, Asst. County Atty., Des Moines, for appellee.


HAYS, Justice.

Defendant was indicted, tried and convicted of operating a motor vehicle upon the public highway while in an intoxicated condition, third offense, as defined in Section 321.281, Code 1958, I.C.A., and appeals.

Appeal assigns five alleged errors as a basis for a reversal.

I. It is contended the Court erred in overruling Appellant's motion for a directed verdict based upon insufficiency of the evidence. We do not agree.

The State...

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