State v. Johnson

The opinion of the court was delivered by

Jackson, J.:

The appellant in this appeal was convicted of driving on Highway No. 54 while in an intoxicated condition, and appeals urging error.

At the outset, the appellee asserts that no service of abstract or brief has been made upon the attorney general as provided in all state cases under rule 9, of this court. Evidently the papers were served upon the county attorney. Appellee fails to cite any case in which failure to serve the attorney general has been considered fatal to a criminal appeal in which service had been made upon the county attorney.…