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STATE v. KELLEY

No. 50517.

115 N.W.2d 184 (1962)

STATE of Iowa, Appellee, v. Charles KELLEY, Appellant.

Supreme Court of Iowa.

Rehearing Denied July 23, 1962.

Attorney(s) appearing for the Case

Robert C. Heithoff and James A. Pratt, Council Bluffs, for appellant.

Evan Hultman, Atty. Gen., John H. Allen, Asst. Atty. Gen., Peter J. Peters, Pottawattamie County Atty., Ross F. Caniglia, and George J. Knoke, Asst. County Attys., for appellee.

THORNTON, Justice.

Defendant, Charles Kelley, was indicted by the Grand Jury of Pottawattamie county on March 14, 1961. In the indictment he was charged with murder in that county in that on or about February 22, 1961, he, "Did, with malice aforethought kill a human being, namely, Alvin E. Koehrsen, in violation of Section 690.1, Code of Iowa, 1958." The indictment was amended to read, "Did, with malice aforethought, while attempting to perpetrate a robbery, kill...

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