BLANCHARD v. BREWER

No. 20101.

429 F.2d 89 (1970)

Herbert Eugene BLANCHARD, Appellee, v. Lou V. BREWER, Warden, Appellant.

United States Court of Appeals, Eighth Circuit.

July 21, 1970.


Attorney(s) appearing for the Case

David A. Elderkin, Asst. Atty. Gen., of Iowa, Des Moines, Iowa, for appellant; Richard C. Turner, Atty. Gen., Des Moines, Iowa, on the brief.

Before VOGEL, HEANEY and BRIGHT, Circuit Judges.


VOGEL, Circuit Judge.

Appellant (the State of Iowa) presents this court with the question of whether it may deny a criminal appeal to appellee, Blanchard, solely because of improper service of the appeal notice, although the State had actual notification of the filing. We hold it cannot, and affirm.

Blanchard was originally convicted of criminal solicitation in the Iowa State District Court and sentenced to a term not to exceed five years on February 14, 1968...

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