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STATE v. LEWIS

No. 56285.

215 N.W.2d 293 (1974)

STATE of Iowa, Appellee, v. Merrill LEWIS, Appellant.

Supreme Court of Iowa.

February 20, 1974.

Attorney(s) appearing for the Case

Ronald D. Bonnett, Lenox, for appellant.

Richard C. Turner, Atty. Gen., Fred M. Haskins, Asst. Atty. Gen., and Richard R. Jones, County Atty., for appellee.

Heard by MOORE, C. J., and RAWLINGS, REYNOLDSON, HARRIS and McCORMICK, JJ.

McCORMICK, Justice.

Defendant appeals his conviction and sentence for breaking and entering under Code § 708.8. We reverse and remand the case for dismissal of the charge because of the refusal of a justice of the peace to provide the indigent defendant a means of recording testimony at his preliminary hearing.

On December 17, 1971, defendant was charged by preliminary information in a justice of the peace court in Bedford, Taylor County, with breaking...

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