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STATE v. HESS

No. 51136.

129 N.W.2d 81 (1964)

STATE of Iowa, Appellee, v. Lavern Wilbur HESS, Appellant.

Supreme Court of Iowa.

June 9, 1964.

Attorney(s) appearing for the Case

Morris & Morris, Des Moines, for appellant.

Evan Hultman, Atty. Gen., John H. Allen, Asst. Atty. Gen., Harry Perkins, Polk County Atty., and James D. McKeon, Asst. County Atty., for appellee.

MOORE, Justice.

February 27, 1963, defendant, Lavern Wilbur Hess, and Donald Raymond Prine were indicted by the Polk County Grand Jury for the crime of robbery with aggravation. A plea of not guilty was entered by Hess February 28. On trial to a jury commencing March 25, Hess was found guilty. Prine died in a fire at the county jail prior to Hess' trial. Defendant's motion for a new trial claimed he had been convicted only...

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