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STATE v. VALLIER

No. 52783.

159 N.W.2d 406 (1968)

STATE of Iowa, Appellee, v. David Angelo VALLIER, Appellant.

Supreme Court of Iowa.

Rehearing Denied September 4, 1968.

Attorney(s) appearing for the Case

R. M. Fassler and Allan D. Kane, Cedar Rapids, for appellant.

Richard C. Turner, Atty. Gen., David A. Elderkin, Asst. Atty. Gen., and William G. Faches, Cedar Rapids, County Atty., for appellee.

MASON, Justice.

David Angelo Vallier was charged by county attorney's information with breaking and entering with intent to commit larceny contrary to section 708.8, Code 1966. Following a plea of not guilty the matter proceeded to trial by a Linn County jury which returned a verdict of guilty. Motion for new trial was overruled and defendant was sentenced to imprisonment in the state penitentiary for a term not to exceed...

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