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STATE v. BYRNES

No. 52141.

150 N.W.2d 280 (1967)

STATE of Iowa, Appellee, v. James John BYRNES, Appellant.

Supreme Court of Iowa.

May 2, 1967.

Attorney(s) appearing for the Case

Napier & Napier, Fort Madison, for appellant.

Richard C. Turner, Atty. Gen., Stephen Robinson, Asst. Atty. Gen., and Thomas E. Tucker, County Atty., for appellee.

MOORE, Justice.

On September 13, 1965 the grand jury of Lee County returned an indictment against defendant, James John Byrnes, charging him with escape from the state penitentiary at Fort Madison, Iowa, by leaving the state while on parole in violation of sections 745.1 and 745.3, Code 1962. On trial defendant was found guilty and thereafter sentenced to the penitentiary for an indeterminate period not to exceed five years and not concurring with his former sentence...

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