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STATE v. DALGLIESH

No. 56379.

223 N.W.2d 627 (1974)

STATE of Iowa, Appellee, v. Gehrig Leroy DALGLIESH and Robert E. Marine, Appellants.

Supreme Court of Iowa.

November 13, 1974.

Attorney(s) appearing for the Case

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

Richard C. Turner, Atty. Gen., Jim P. Robbins, Asst. Atty. Gen., Zigmund Chwirka, County Atty., Edward F. O'Brien, and Bernard A. Brown, Asst. County Attys., for appellee.

Heard before MOORE, C. J., and RAWLINGS, LeGRAND, REES, and HARRIS, JJ.

HARRIS, Justice.

This appeal from convictions of breaking and entering presents questions on a jury instruction, two motions for mistrial and a claim the trial court abused its discretion in imposing of sentence. We affirm.

Defendants were charged by county attorney's informations with breaking and entering in violation of § 708.8, The Code. Upon their pleas of not guilty they stood trial before a jury which returned verdicts of guilty against both defendants...

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