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STATE v. WEBB

No. 65862.

313 N.W.2d 550 (1981)

STATE of Iowa, Appellant, v. John Henry WEBB, Appellee.

Supreme Court of Iowa.

December 23, 1981.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Richard L. Cleland, Asst. Atty. Gen., and Michael P. Short, Lee County Atty., for appellant.

James P. Hoffman, Keokuk, for appellee.

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

ALLBEE, Justice.

The sole issue in this case is whether felonious involuntary manslaughter is a "forcible felony" within the meaning of sections 702.11 and 902.7, The Code 1979. We hold that it is not.

Defendant was charged with first degree murder, a violation of sections 707.1 and 707.2, The Code 1979, in the January 1980 shooting death of Phillip Woods. Further facts concerning the shooting incident which resulted in Woods's death are not discernable from...

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