STATE v. EVELY

No. 56709.

228 N.W.2d 196 (1975)

STATE of Iowa, Appellee, v. Eugene Alfred EVELY, Appellant.

Supreme Court of Iowa.

April 16, 1975.


Attorney(s) appearing for the Case

Guy P. Booth, Cedar Rapids, for appellant.

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

Heard before MOORE, C. J., and MASON, LeGRAND, REES and McCORMICK, JJ.


LeGRAND, Justice.

Defendant was tried in Black Hawk County for the crime of obtaining money under false pretenses in violation of § 713.1, The Code, 1971. He was sentenced to serve a term of not more than 7 years in the penitentiary, a judgment from which he appeals. We reverse and remand with instructions to dismiss the Information.

Defendant relies on two grounds for reversal: (1) he says the State failed to show the crime or any element thereof was...

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