State v. Myers

Hays, J. —

On May 5, 1949, defendant, through his attorney E. E. Duffield, entered a plea of not guilty to the charge of operating a motor vehicle while intoxicated, second offense. On May 12, 1949, this plea was withdrawn and a plea of guilty entered. June 4, 1949, judgment of one year in the penitentiary was entered and notice of appeal was immediately given. On July 10, 1949, through his present attorney, defendant filed a motion in arrest of judgment and for a change of plea, which was overruled September 28, 1949.

Section 321.281, Code of 1946, provides, in substance, that whoever while in…