STATE v. CUPPLES

No. 52465.

152 N.W.2d 277 (1967)

STATE of Iowa, Appellee, v. Daniel Lee CUPPLES, Appellant.

Supreme Court of Iowa.

July 11, 1967.


Attorney(s) appearing for the Case

Clarke A. Pasley, Ames, for appellant.

Richard C. Turner, Atty. Gen., David A. Elderkin, Asst. Atty. Gen., and Charles Vanderbur, Ames, County Atty., for appellee.


MOORE, Justice.

The sole question presented by this appeal is whether the trial court abused the discretion vested in it by Code section 718.1 which provides one convicted of forgery "shall be imprisoned in the penitentiary not more than ten years or imprisoned in the county jail not exceeding one year, or fined not exceeding one thousand dollars." Following defendant's plea of guilty of forgery and a pre-sentence investigation the trial court sentenced him to a term...

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