State v. Poffenbarger

Defendant has appealed from a judgment imposing a fine of $1000 following a jury verdict of guilty of operating a motor vehicle while intoxicated, second offense, in violation of section 321.281, Code, 1954. He urges two grounds for reversal. First, the evidence he was driving his automobile at the time in question is insufficient; second, misconduct of the bailiff in charge of the jury during its deliberations. We hold the judgment should not be reversed on either ground.

I. Defendant’s experienced counsel did not contend in the court below the evidence he was driving his car was…