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STATE v. EGE

No. 61545.

274 N.W.2d 350 (1979)

STATE of Iowa, Appellee, v. Dennis Robert Joseph EGE, Appellant.

Supreme Court of Iowa.

Rehearing Denied March 15, 1979.

Attorney(s) appearing for the Case

Dennis W. Parmenter, of Traeger & Koempel, West Union, for appellant.

Richard C. Turner, Atty. Gen., Ann Fitzgibbons, Asst. Atty. Gen., Walter L. Saur, Fayette County Atty., and Jay A. Nardini, Asst. County Atty., for appellee.

Considered en banc.

ALLBEE, Justice.

Defendant, Dennis Robert Joseph Ege, appeals his conviction for rape, a violation of § 698.1, The Code 1977. The crime which engendered this prosecution occurred in the early morning of July 31, 1977 in a county park near Oelwein. We shall treat further facts as they become relevant to the particular issues which have been raised.

I. It is first contended that trial court, acting through Judge L. D. Lybbert, erred in failing to suppress...

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