State v. Higgins, 47433.

• Decision Date: 13 January 1950
• Docket Number: No. 47433.,47433.
• Citation: 39 N.W.2d 599,241 Iowa 244
• Parties: STATE v. HIGGINS.
• Court: Iowa Supreme Court

241 Iowa 244

39 N.W.2d 599

STATE

v.HIGGINS.

No. 47433.

Supreme Court of Iowa.

Nov. 15, 1949.

Rehearing Denied Jan. 13, 1950.

William R. Higgins was convicted in the Dickinson District Court, Fred M. Hudson, J., of operating a motor vehicle while intoxicated on the public highways, second offense, and he appealed.

The Supreme Court Bliss, J., affirmed the conviction, holding that defendant's prior conviction was sufficiently shown.

Defendant was charged by a county attorney's information with operating a motor vehicle while intoxicated on the public highways of Dickinson County, Iowa, on or about April 25, 1948, in violation of section 321.281, Code 1946, and I.C.A. The information also alleged that it was defendant's second offense, or violation of said section. He pleaded not guilty and on trial to a jury was found guilty of the offense charged, and, in answer to an interrogatory submitted by the court, the jury stated that he had been previously convicted of the same offense.

Affirmed.

J. I. Hossack, of Spencer, and W. B. Bedell, of Spirit Lake, for appellant.

Robert L. Larson, Attorney General of Iowa, Don Hise, First Assistant Attorney General, Paul I. Namtvedt, County Attorney, of Spirit Lake, for appellee.

BLISS, Justice.

The defendant, as a witness for himself, admitted that he was driving his automobile at the time and place charged in the indictment. There was substantial evidence that he was intoxicated at the time. The Clerk of the District Court of Dickinson County, Iowa, identified Judgment Record Book No. 19 of that Court, and page 525 thereof, in which the judgment entry in the case of State of Iowa, Plaintiff v. Wm. R. Higgins, Defendant, was filed and recorded on August 20, 1946, showing that the defendant therein was charged on a county attorney's information with operating a motor vehicle while intoxicated; to which charge he appeared in person and by his attorneys, waived arraignment, stated that he was rightly named, pleaded guilty as charged, and requested the pronouncement of sentence at that time; and the court, Judge Harry E. Narey, presiding, found the defendant guilty as charged and entered judgment thereon accordingly against the defendant.

It was stipulated in the trial of the cause on appeal before us, by the parties that if Judge Narey were present he would testify to the matters stated in the recorded judgment, and that the William R. Higgins therein named is the same person as the defendant on trial.

I. Defendant complains on appeal that the trial court erred in not sustaining his motion for a directed verdict and to withdraw the charge of second offense, filed at the close of the plaintiff's main case, and renewed at the close of all of the evidence, for the reason that there was...