STATE v. ELLISTON

No. 52809.

159 N.W.2d 503 (1968)

STATE of Iowa, Appellee, v. Marvin D. ELLISTON, Appellant.

Supreme Court of Iowa.

June 11, 1968.


Attorney(s) appearing for the Case

Edmund Eugene Fleming, Brian M. Olmstead, and William L. Kutmus, Des Moines, for appellant.

Richard C. Turner, Atty. Gen., William A. Claerhout, Asst. Atty. Gen., and Ray A. Fenton, County Atty., Des Moines, for appellee.


MOORE, Justice.

On July 3, 1967 an information was filed in Des Moines Municipal Court charging defendant, Marvin D. Elliston, with unlawful assembly in violation of Code section 743.1. Subsequent to a plea of not guilty trial was set for July 19, 1967. On trial to the court he was found guilty and sentenced to serve five days in jail or pay a $50 fine. He has appealed.

Defendant-appellant asserts the trial court erred in denying his motion for dismissal on...

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