STATE v. DELAY

No. 65140.

320 N.W.2d 831 (1982)

STATE of Iowa, Appellee, v. Kermit E. DELAY, Appellant.

Supreme Court of Iowa.

June 16, 1982.


Attorney(s) appearing for the Case

Emmit J. George, Jr., and Clemens A. Erdahl, II, Iowa City, for appellant.

Thomas J. Miller, Atty. Gen., Richard L. Cleland, Merle Wilna Fleming, Asst. Attys. Gen., and Gerald N. Partridge, Washington County Atty., for appellee.

Considered by UHLENHOPP, P. J., and ALLBEE, McGIVERIN, LARSON, and SCHULTZ, JJ.


ALLBEE, Justice.

Defendant Kermit E. Delay was convicted of assault with intent to inflict serious injury, a violation of sections 708.1 and .2, The Code 1979. The court of appeals, in a 3-2 decision, reversed that conviction and remanded for a new trial. On further review, we vacate the court of appeals decision and reinstate trial court's judgment.

The facts pertinent to our review were stated in the court of appeals per curiam opinion, from which we quote...

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