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STATE v. GRICE

No. 93-953.

515 N.W.2d 20 (1994)

STATE of Iowa, Appellant, v. Annette E. GRICE, Appellee.

Supreme Court of Iowa.

April 20, 1994.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Thomas S. Tauber, Asst. Atty. Gen., William E. Davis, County Atty., and Alan R. Havercamp, Asst. County Atty., for appellant.

Douglas C. Scovil of Ruud, Scovil & Marsh, Rock Island, IL, for appellee.

Considered by McGIVERIN, C.J., and LARSON, LAVORATO, NEUMAN, and ANDREASEN, JJ.

ANDREASEN, Justice.

The State appeals from a district court ruling granting defendant's motion for a judgment of acquittal at the close of the State's evidence. The court granted defendant's motion on the basis that there was a fatal variance between the charging instrument and the proof offered at trial. We granted the State's application for discretionary review and conclude the court erred in dismissing the charge against the defendant.

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