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STATE v. GIRDLER

No. 49988.

102 N.W.2d 880 (1960)

STATE of Iowa, Appellee, v. Elun GIRDLER, Jr., Appellant.

Supreme Court of Iowa.

May 3, 1960.

Attorney(s) appearing for the Case

Carroll E. Cutting, Decorah, for appellant.

Norman A. Erbe, Atty. Gen. of Iowa, Marion R. Neely, Asst. Atty. Gen., and Robert N. Johnson, Lee County Atty., Fort Madison, for appellee.

THOMPSON, Justice.

This is one of three cases arising out of charges filed against the defendant, arising out of a prison break at the Iowa State Penitentiary on June 3, 1959. The first charge, assault with intent to commit a felony and being a habitual criminal, was tried to a jury with verdict of guilty of the assault as charged, and with special interrogatories finding he had been twice previously convicted, sentenced, and committed, for crimes as defined in Code...

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