State v. Hammer

Defendant was convicted under an indictment that charged the crime of operating a motor vehicle upon a public highway while intoxicated, “it being the second offense * * The alleged situs was Atlantic, Cass County, Iowa. The indictment was filed October 6, 1952, and did not allege the date of the charged offense. The evidence however fixed the time as the evening or near midnight of July 24, 1952. The alleged date of the first offense was “during or about the year 1946.” The offered proof showed conviction in that case was October 18, 1946, upon a plea of guilty as charged. The information in…