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STATE v. GAMBELL

No. 60411.

262 N.W.2d 792 (1978)

STATE of Iowa, Appellee, v. David GAMBELL, Appellant.

Supreme Court of Iowa.

February 22, 1978.

Attorney(s) appearing for the Case

Terry E. Branstad, Lake Mills, for appellant.

Richard C. Turner, Atty. Gen., Thomas A. Evans, Jr., Asst. Atty. Gen., for appellee.

Considered by MOORE, C. J., and MASON, RAWLINGS, REES and UHLENHOPP, JJ.

REES, Justice.

Defendant was charged by true information with the crime of assault with intent to commit murder in violation of § 690.6, The Code, 1975. He was tried to a jury, convicted, sentenced and now appeals. We reverse and remand for a new trial.

On October 5, 1976 the defendant David Gambell with two acquaintances, John Monson and Harold Thorson, engaged in a drinking bout during the course of which they consumed a considerable amount of

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