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STATE v. MARCHELLINO

64172.

304 N.W.2d 252 (1981)

STATE of Iowa, Appellee, v. James Marion MARCHELLINO, Appellant.

Supreme Court of Iowa.

As Corrected April 16, 1981.

Attorney(s) appearing for the Case

Bruce P. Bickel, Ames, for appellant.

Thomas J. Miller, Atty. Gen., Richard L. Cleland, Asst. Atty. Gen. and Mary E. Richards, Story County Atty., for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, McGIVERIN, LARSON and SCHULTZ, JJ.

LARSON, Justice.

The defendant, James Marion Marchellino, was convicted of assault with intent to inflict serious injury, § 708.2(1), The Code 1979. On appeal he presents one issue: did the court err in refusing to allow defendant's witness to testify on the ground he was a witness "expected to be called for the defense" and the State had not been notified of that fact as required by Iowa Rule of Criminal Procedure 12(3). We conclude the sanction applied was...

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