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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