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CITY OF DAVENPORT v. CLAEYS

No. 50666.

119 N.W.2d 755 (1963)

CITY OF DAVENPORT, Iowa, Appellee, v. Walter T. CLAEYS, Appellant.

Supreme Court of Iowa.

February 12, 1963.

Attorney(s) appearing for the Case

McDonald, McCracken, McDonald & Carlin, and Hoersch, Werner & Harbeck, Davenport, for appellant.

Robert D. McGrath, Asst. City Atty, Davenport, for appellee.

LARSON, Justice.

This is an appeal from a judgment of the district court affirming a judgment of a police magistrate assessing a $100.00 fine and costs against defendant for discharging a firearm within the City of Davenport, Iowa, in violation of a city ordinance prohibiting same. Appellant admits he shot a medium-sized unlicensed dog on his premises within the city limits, but contends under sections 351.26 and 351.27, Code of 1962, I.C.A., his acts were privileged...

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