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STATE v. UNDERWOOD

No. 49005.

80 N.W.2d 730 (1957)

STATE of Iowa, Appellee, v. Joe UNDERWOOD, Appellant.

Supreme Court of Iowa.

February 5, 1957.

Attorney(s) appearing for the Case

Thomas O. Tacy, of Council Bluffs, for appellant.

Dayton Countryman, Atty. Gen., Raphael R. R. Dvorak, Dudley C. Lowry, Asst. Attys. Gen., Matt Walsh, County Atty., Council Bluffs, for appellee.

LARSON, Justice.

The defendant Joe Underwood was indicted and charged with the crime of breaking and entering the warehouse of the Younkerman Seed Co. in Council Bluffs, Iowa, during the night of November 11, 1955. He, together with Robert Reid, Jerry Porter, and two other lads, had been engaged in a beer drinking party which was broken up by police officers around midnight, and the two lads had gone home. Underwood, Reid and Porter had continued to drive about the...

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