Supreme Court of Iowa November 15, 1966, 52247 (State v. Valeu)

Stuart, J.

"We are here concerned with the effect of an erroneous ruling by the trial court sustaining a demurrer to an indictment on the right of the State to proceed to trial under such indictment. On September 10, 1964, defendant was indicted on the charge of operating a motor vehicle while intoxicated.