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STATE v. KELLY

No. 56575.

224 N.W.2d 456 (1974)

STATE of Iowa, Appellee, v. Warner Stewart KELLY, Appellant.

Supreme Court of Iowa.

December 18, 1974.

Attorney(s) appearing for the Case

Clark L. Holmes, of Holmes, Ralph & Kutmus, Des Moines, for appellant.

Richard C. Turner, Atty. Gen., Ira Skinner and Thomas Mann, Jr., Asst. Attys. Gen., for appellee.

Heard by MOORE, C. J., and MASON, RAWLINGS, UHLENHOPP and REYNOLDSON, JJ.

MOORE, Chief Justice.

Defendant, a penitentiary inmate, appeals conviction and sentence for second degree murder of a prison guard. We affirm.

On July 5, 1972 a county attorney's information was filed charging defendant, Warner Stewart Kelly, with murder. Defendant demurred, claiming the use of county attorney's information was contrary to the Fifth and Fourteenth Amendments to the United States Constitution because he was not charged by grand jury indictment...

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