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STATE v. MABBITT

No. 51553.

135 N.W.2d 525 (1965)

STATE of Iowa, Appellee, v. Donald Eugene MABBITT, Appellant.

Supreme Court of Iowa.

June 8, 1965.

Attorney(s) appearing for the Case

Richard C. King, Council Bluffs, for appellant.

Lawrence F. Scalise, Atty. Gen., Don R. Bennett, Asst. Atty. Gen., and Frederick Kraschel, Council Bluffs, County Atty., for appellee.

MOORE, Justice.

March 13, 1964, defendant, Donald Eugene Mabbitt, was indicted by the Pottawattamie County grand jury for the crime of breaking and entering the El Patio Cafe in Council Bluffs in violation of section 708.8, Code 1962, I.C.A., to which he entered a plea of not guilty. On trial to a jury commencing March 25 he was found guilty. April 3, 1964 he was sentenced to imprisonment in the Iowa State Penitentiary at Fort Madison for a period not to exceed 10...

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