State v. Finnegan

Tbe indictment charged defendant with the third offense of operating a motor vehicle while intoxicated as defined in section 321.281, Code, 1950. However, the indictment alleged three prior convictions, not merely two, the first on December 4, 1936, all in Guthrie County.

Defendant demurred to the indictment. Only ground of the demurrer necessary to mention was in substance that since three previous convictions were alleged defendant was actually charged with a fourth offense and section 321.281, Code, 1950, provided no punishment for any offense higher than the third.

After the demurrer was…