State v. Hiatt

This is an appeal from a conviction under section 5022.02, Code of 1939, providing that, “Whoever, while in an intoxicated condition or under influence of narcotic drugs, operates a motor vehicle upon the public highways of this state, * * * ”, providing the penalty, and also providing the penalty for a second offense. The information herein charges that the offense was committed on October 9, 1940, and alleges that this was a second offense. To the charge made in the information a plea of not guilty was entered, and trial had which resulted in the conviction of the defendant.

The defendant…