State v. Biggins

— The indictment, as originally drawn, charged the commission of the crime as a “second offense” in that defendant had been previously convicted of a similar offense in November 1930. Defendant demurred to the indictment on the ground the alleged former offense was “under a prior and different statute, .and * * * not in law, or in fact, a prior offense, or conviction, under or within the purview of section 321.281 * * Thereafter the court made the following calendar entry: “Defendant’s demurrer to indictment having been previously heard and taken under advisement comes on for final ruling. It…