State v. Jacobs

Defendant was arrested for driving a motor vehicle while intoxicated. After preliminary hearing in Des Moines Municipal Court a County Attorney’s information was filed against him charging violation of section 321.281, 1958 Code of Iowa.

At the trial, before any testimony was taken, defendant filed demurrer, and asked that the information be quashed, and the case dismissed.

Defendant’s principal allegation was that the Polk County grand jury was in session, and that under section 769.2 of the Code, there was no constitutional nor statutory basis for filing a County Attorney’s information in the…