STATE v. WARE

No. 55441.

205 N.W.2d 700 (1973)

STATE of Iowa, Appellee, v. Fred Douglas WARE, Appellant.

Supreme Court of Iowa.

March 28, 1973.


Attorney(s) appearing for the Case

Raymond J. Gazzo, Des Moines, for appellant.

Richard C. Turner, Atty. Gen., Robert D. Jacobson, Asst. Atty. Gen., and Ray Fenton, County Atty., for appellee.

Considered En Banc.


RAWLINGS, Justice.

Defendant, Fred Douglas Ware, appeals from judgment on jury verdict finding him guilty of going armed with intent to use a dangerous weapon in violation of The Code 1971, Section 695.1. We reverse.

Evidence admitted in course of trial discloses Ware was arrested, handcuffed and placed in a squad car about three blocks east of Travelodge Motel in Des Moines by police officers Robert Louis Booth and Ronald Foster.

Booth first testified...

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