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STATE v. HORSTMAN

No. 56374.

222 N.W.2d 427 (1974)

STATE of Iowa, Appellee, v. Jerry Elno HORSTMAN, Appellant.

Supreme Court of Iowa.

October 16, 1974.

Attorney(s) appearing for the Case

James U. Mellick, Waukon, for appellant.

Richard C. Turner, Atty. Gen., David M. Dryer, Asst. Atty. Gen., and John Shafer, County Atty., for appellee.

Heard before MOORE, C. J., and MASON, RAWLINGS, LeGRAND and REYNOLDSON, JJ.

REYNOLDSON, Justice.

Defendant was charged with breaking and entering in violation of § 708.8, The Code. A jury convicted him on December 15, 1967, and he was sentenced to prison for a term not to exceed ten years. We have granted permission to take this delayed appeal. Jerry Elmo [sic] Horstman v. State, 210 N.W.2d 427 (Iowa 1973). We reverse.

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