STATE v. FISHER

No. 53400.

178 N.W.2d 380 (1970)

STATE of Iowa, Appellee, v. Lewis Lopez FISHER, Jr., Appellant.

Supreme Court of Iowa.

June 23, 1970.


Attorney(s) appearing for the Case

Thomas L. Root, Council Bluffs, for appellant.

Richard C. Turner, Atty. Gen., and G. Douglas Essy, Asst. Atty. Gen., for appellee.


LeGRAND, Justice.

Defendant was indicted for the forcible rape of Rosemary Kiefer in violation of section 698.1, Code of Iowa. He was tried, convicted, and sentenced to a term of 40 years in the penitentiary at Fort Madison, Iowa. He appeals from that judgment, and we reverse and remand for a new trial.

The nature of the appeal makes it unnecessary to detail the facts surrounding the event. Defendant assigns two errors which he claims entitle him to a new...

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