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STATE v. DELAP

No. 89-1849.

466 N.W.2d 264 (1990)

STATE of Iowa, Appellee, v. James Clyde DELAP, Appellant. James Clyde DELAP, Plaintiff, v. IOWA DISTRICT COURT FOR MUSCATINE COUNTY, Defendant.

Court of Appeals of Iowa.

December 27, 1990.

Attorney(s) appearing for the Case

Raymond E. Rogers, State Appellate Defender, and B. John Burns, Asst. State Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Bruce Kempkes, Asst. Atty. Gen., Stephen J. Petersen, County Atty., and Anne G. Burnside, Asst. County Atty., for appellee.

Heard by OXBERGER, C.J., and DONIELSON and HABHAB, JJ.

DONIELSON, Judge.

James Delap was accused of beating his former wife on several separate occasions over a period of time spanning parts of two days. He was originally charged with assault with intent to inflict serious injury. The State moved to amend the trial information to also include one count of assault causing bodily injury. In its motion to amend, the State argued the amendment "would bring the trial information into conformity with the allegations as contained...

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