STATE v. RASMUS

No. 49456.

90 N.W.2d 429 (1958)

STATE of Iowa, Appellant, v. Boyd RASMUS, Appellee.

Supreme Court of Iowa.

June 3, 1958.


Attorney(s) appearing for the Case

Norman A. Erbe, Atty. Gen., Freeman H. Forrest, Asst. Atty. Gen., and James L. McDonald, County Atty., Cherokee, for appellant.

Miller, Miller & Miller, and Nelson & Nelson, Cherokee, for appellee.


GARFIELD, Justice.

Upon this appeal by the state we are asked to review the trial court's ruling that the indictment charging defendant with manslaughter, contrary to section 690.10, Code 1954, I.C.A., did not charge an offense under the laws of Iowa. The court evidently thought there is no crime of manslaughter in Iowa except perhaps as an included offense in murder.

The ruling the state now assails came about in this way. Defendant was indicted for the crime...

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