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STATE v. JOHNSON

No. 60174.

272 N.W.2d 480 (1978)

STATE of Iowa, Appellee, v. William Cotalious JOHNSON, Appellant.

Supreme Court of Iowa.

Rehearing Denied February 15, 1979.

Attorney(s) appearing for the Case

Linda J. Thompson, Mt. Pleasant, for appellant.

Richard C. Turner, Atty. Gen., J. Susan Carney, Asst. Atty. Gen., and Steven S. Hoth, County Atty., for appellee.

Considered by REES, P. J., and UHLENHOPP, HARRIS, ALLBEE and LARSON, JJ.

REES, Justice.

Defendant was charged by county attorney's information with the crime of murder in the first degree, in violation of § 690.2, The Code, 1975. Following a verdict of guilty, he was sentenced, and appeals. We affirm on condition and remand with instructions.

Specifically, the defendant was charged with having murdered one Hobart Sharp. Following an exchange of words in a tavern in Burlington, the defendant drew a revolver and fired three...

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