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STATE v. HORSEY

No. 53232.

180 N.W.2d 459 (1970)

STATE of Iowa, Appellee, v. Raymond H. HORSEY, Appellant.

Supreme Court of Iowa.

October 13, 1970.

Attorney(s) appearing for the Case

Joseph L. Phelan, Fort Madison, for appellant.

Richard C. Turner, Atty. Gen., and James W. Hughes, Asst. Atty. Gen., for appellee.

LeGRAND, Justice.

This matter was before us earlier when we dismissed defendant's appeal because notice thereof was not filed as provided in section 793.4, Code of Iowa, 1966. We held this to be jurisdictional under the authority of our prior decisions, including Blanchard v. Bennett, 167 N.W.2d 612.

Subsequently the United States Circuit Court of Appeals for the Eighth Circuit held our denial of Blanchard's appeal under...

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