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STATE v. MONTGOMERY

No. 57226.

232 N.W.2d 525 (1975)

STATE of Iowa, Appellant, v. Virgil MONTGOMERY, Appellee.

Supreme Court of Iowa.

August 29, 1975.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., and Lyle A. Rodenburg, County Atty., for appellant.

Roderic A. Pearson, of Peters, Campbell & Pearson, Council Bluffs, for appellee.

Heard before MOORE, C. J., and REES, UHLENHOPP, REYNOLDSON and HARRIS, JJ.

HARRIS, Justice.

Virgil Montgomery (defendant) was arrested November 3, 1973 and charged with assault with intent to commit murder in violation of § 690.6, The Code. On defendant's motion the case was dismissed. On the State's appeal we reverse the trial court and remand.

Following his arrest defendant was incarcerated for two days before he appeared before an associate district court judge and entered a plea of not guilty. He requested appointment of...

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