State v. Creighton

LeGRAND, Justice.

Defendant’s appeal following his conviction for operating a motor vehicle while under the influence of an alcoholic beverage in violation of section 321.281, The Code, alleges error in the trial court’s failure to sustain his motion for a directed verdict at the close of all the evidence. We reverse; and since we hold defendant was entitled to have his motion for directed verdict sustained, we direct that a judgment of acquittal be entered.

Defendant’s motion asserts the evidence was insufficient to carry the case to the jury on the following grounds: (1) There was no…