State v. Stergion

REYNOLDSON, Justice.

Defendant was convicted of operating a motor vehicle while under the influence of alcoholic beverages, a violation of § 321.281, The Code, 1973. He asserts trial court should have sustained his pretrial dismissal motion based on double jeopardy because he had previously been acquitted on three counts of manslaughter (§ 690.10, The Code, 1973) arising out of the same incident and collision. We affirm.

The three fatalities occurred as a result of a two-car collision in Scott County, Iowa on May 11, 1974. Defendant admitted he had been drinking. June 18, 1974, defendant was…