STATE v. DUNHAM

No. 57941.

232 N.W.2d 475 (1975)

STATE of Iowa, Appellee, v. Charles V. DUNHAM, Appellant.

Supreme Court of Iowa.

August 29, 1975.


Attorney(s) appearing for the Case

James P. Rielly, Oskaloosa, for appellant.

Richard C. Turner, Atty. Gen., Thomas Mann, Jr., Asst. Atty. Gen., and Donald Schild, County Atty., for appellee.

Submitted to MOORE, C. J., and REES, UHLENHOPP, REYNOLDSON, HARRIS and McCORMICK, JJ.


REYNOLDSON, Justice.

The facts in this case are undisputed. August 1, 1974, defendant was convicted of assault and battery in a Poweshiek County magistrate's court. August 9, 1974, he attempted to appeal this conviction pursuant to § 762.43, The Code, by personally filing a notice of appeal (prepared by his lawyer) and an appeal bond with the district court clerk.

The county attorney filed a motion to dismiss the appeal on the ground "no notice of appeal...

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