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STATE v. HILL

No. 62813.

286 N.W.2d 32 (1979)

STATE of Iowa, Appellant, v. Joseph Edward HILL, Appellee.

Supreme Court of Iowa.

December 19, 1979.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen. and Kermit L. Dunahoo, Asst. Atty. Gen., for appellant.

No appearance for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, McCORMICK, ALLBEE, and LARSON, JJ.

LeGRAND, Justice.

This is an appeal by which the State challenges a district court order dismissing charges of burglary and theft filed against defendant under sections 713.3 and 714.2(3), Iowa Criminal Code, because the State failed to bring defendant before a magistrate within twenty-four hours after his arrest, thus violating rule 2(1), Iowa R.Crim.P. We reverse and remand for trial on the merits.

Defendant was arrested on September 22, 1978, at 4:00 a...

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