State v. Milliken

RAWLINGS, Justice.

Defendant appeals from judgment entered on jury verdict finding him guilty of operating a motor vehicle while under the influence of an alcoholic beverage, second offense. We reverse.

The statutorily proscribed act for which defendant, Arnold Raymond Milliken, was charged, tried and convicted, occurred August S, 1971, in Iowa Falls. When arrested he was asked to step out of the car being driven by him, then walk and perform a balance test. The arresting officer later testified to the effect that when apprehended Milliken’s breath smelled of alcohol, his eyes were bloodshot…