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SMITH v. STATE

No. 66119.

324 N.W.2d 299 (1982)

Nile James SMITH and Norman Jean Smith, Appellees, v. The STATE of Iowa, John Barlow, Duane Barton, Dennis Chapman, Jerry Corbett, Terry Hoil, Terry Johnson, Paul Newby, Andrew Newquist, Tom Randolph, Ron Mower, Al Stenbeck, Marlin Wimmer, and Terry Pullman, Appellants.

Supreme Court of Iowa.

Rehearing Denied October 21, 1982.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Mark E. Schantz, Sol. Gen., and John Hendricks, Law Student Intern for all appellants except John Barlow and Paul Newby.

Francis Fitzgibbons, Estherville, for appellants John Barlow and Paul Newby.

Joseph L. Hanson, Emmetsburg, for appellees.

Considered en banc.

LeGRAND, Justice.

This interlocutory appeal presents identical issues involved in four separate suits which were consolidated for hearing in the trial court and for this appeal. Our opinion relates to all four cases, but for convenience we discuss them as though they were but a single controversy.

This matter had its genesis in a double murder committed on October 23, 1976. An investigation by the Iowa Division of Criminal Investigation (D.C.I.) resulted in...

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