State v. Gilbert

Defendant was charged in the Magistrate Court of Cedar County, via a Uniform Traffic Ticket, with “Intoxicated Driving 2nd offence [sic].” Upon the filing of defendant’s affidavit for a change of venue, the cause was certified to the *878circuit court (§§ 517.520 and 543.160) 1 and there tried to the court without a jury on June 4, 1971. Although no evidence was offered on the subject of a prior conviction and no finding thereof was made (§ 564.440), immediately following the conclusion of the testimony the court declared: “It will be the judgment of the Court that the defendant be found guilty…