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STATE v. BATCHELOR

No. 54201.

180 N.W.2d 457 (1970)

STATE of Iowa, Appellee, v. Benjamin Eugene BATCHELOR, Appellant.

Supreme Court of Iowa.

Rehearing Denied November 9, 1970.

Attorney(s) appearing for the Case

Alanson K. Elgar, Mount Pleasant, for appellant.

Richard C. Turner, Atty. Gen., and Max A. Gors, Asst. Atty. Gen., and James L. Morrison, County Atty., Mount Pleasant, for appellee.

UHLENHOPP, Justice.

The question in this appeal is whether the minutes of testimony attached to a county attorney's information are to be considered in ruling on a demurrer to the information.

On December 5, 1969, this information was filed:

"Comes now James L. Morrison as County Attorney of Henry County, State of Iowa, and in the name and by the authority of the State of Iowa, accuses Benjamin Eugene Batchelor of the crime of larceny of a motor vehicle...

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