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STATE v. VICK

No. 55310.

205 N.W.2d 727 (1973)

STATE of Iowa, Appellee, v. Layton W. VICK, Appellant.

Supreme Court of Iowa.

March 28, 1973.

Attorney(s) appearing for the Case

Donald E. O'Brien, of O'Brien, Galvin & O'Brien, Sioux City, for appellant.

Richard C. Turner, Atty. Gen., Robert D. Jacobson, Asst. Atty. Gen., Walter W. Barbee, County Atty., for appellee.

Submitted to MOORE, C. J., and MASON, RAWLINGS, HARRIS and McCORMICK, JJ.

MASON, Justice.

Defendant, Layton W. Vick, was tried in a Spirit Lake police court for the offense of assault (with a rifle), found guilty and fined $100. He subsequently appealed to the Dickinson district court, trial was had to a jury and a verdict convicting defendant of assault in violation of section 694.1 was returned. He has appealed from the judgment entered thereon.

The statute involved provides:

"Assault and battery. Whoever is convicted...

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