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STATE v. DISTRICT COURT IN AND FOR DELAWARE COUNTY

No. 50544.

114 N.W.2d 317 (1962)

STATE of Iowa, Petitioner, v. DISTRICT COURT of Iowa IN AND FOR DELAWARE COUNTY, Honorable Blair C. Wood, Judge, Respondent.

Supreme Court of Iowa.

April 3, 1962.

Attorney(s) appearing for the Case

Evan Hultman, Atty. Gen., John H. Allen, Asst. Atty. Gen., and Wm. Stuart Charlton, County Atty., for petitioner.

Swift & Swift, Manchester, for respondent.

THOMPSON, Justice.

The defendant in a criminal case pending in the Delaware District Court made application to compel the state's witnesses, as listed on the county attorney's information charging the crime, to answer certain oral interrogatories to be propounded to them under the provisions of Division VII, particularly rules 140-148 inc., Iowa Rules of Civil Procedure, 58 I.C.A. The witnesses appeared in answer to subpoenaes, but on advice of the county attorney...

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