State v. Ganaway

Defendant was indicted for operating a motor vehicle while intoxicated, third offense, in violation of section 321.281, Code, 1950. A jury found him guilty and the court sentenced him. Upon this appeal he assigns error in submitting to the jury only two forms of verdict (1) guilty of the third offense, and (2) not guilty, and instructing the jury the two prior convictions, as charged, were established by stipulation without dispute. It is contended four forms of verdict should have been submitted (as in State v. Barlow, 242 Iowa 714, 721, 46 N.W.2d 725, 729), guilty of a first, second or…