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STATE v. KUCHENREUTHER

No. 56615.

218 N.W.2d 621 (1974)

STATE of Iowa, Appellee, v. Darwin Ray KUCHENREUTHER, Appellant.

Supreme Court of Iowa.

May 22, 1974.

Attorney(s) appearing for the Case

Shaw, Shaw & Beneke, Pocahontas, for appellant.

Richard C. Turner, Atty. Gen., Fred M. Haskins, Ike Skinner and Raymond W. Sullins, Asst. Attys. Gen., and Charles A. Gunderson, County Atty., for appellee.

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

RAWLINGS, Justice.

Defendant, Darwin Ray Kuchenreuther, appeals from judgment on jury verdict finding him guilty of larceny in the nighttime. We reverse.

Reduced to bare essentials this case emanates from a prosecution initiated by county attorney's information filed after some instantly irrelevant procedural skirmishing.

After having participated in a December 20, 1971 nighttime theft of money from a service...

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