STATE v. THOMPSON

No. 59801.

253 N.W.2d 608 (1977)

STATE of Iowa, Appellee, v. Darrell Darwin THOMPSON, Appellant.

Supreme Court of Iowa.

May 25, 1977.


Attorney(s) appearing for the Case

John A. Pabst, Albia, for appellant.

Richard C. Turner, Atty. Gen., Raymond W. Sullins, Asst. Atty. Gen., and Michael G. Trier, County Atty., for appellee.

Heard by MOORE, C. J., and LeGRAND, UHLENHOPP, REYNOLDSON and HARRIS, JJ.


LeGRAND, Justice.

This appeal presents the question whether § 769.8, The Code, permits a full-time magistrate to approve a county attorney's information. We hold it does not, and we therefore reverse defendant's conviction with instructions that the trial court enter an order dismissing the information under which this prosecution took place.

I. On June 7, 1976, the county attorney of Jasper County filed an information accusing defendant of the crime...

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