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STATE v. AUMANN

No. 59509.

268 N.W.2d 228 (1978)

STATE of Iowa, Appellee, v. Paul Frank AUMANN, Appellant.

Supreme Court of Iowa.

July 26, 1978.

Attorney(s) appearing for the Case

Robert A. Engberg of Pryor, Riley, Jones & Aspelmeier, Burlington, for appellant.

Richard C. Turner, Atty. Gen., Thomas A. Evans, Jr., Asst. Atty. Gen., Steven S. Hoth, County Atty., for appellee.

Considered en banc.

HARRIS, Justice.

In our original opinion at 265 N.W.2d 316 (Iowa 1978) we noted defendant initially assigned error grounded on the due process clause of the 14th Amendment to the United States Constitution. However, in his brief and argument on appeal, defendant expressly withdrew this assignment on the basis of Rivera v. Delaware, 429 U.S. 877, 97 S.Ct. 226, 50 L.Ed.2d 160 (1976).

In a petition for rehearing defendant...

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