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STATE v. HARTLEY

No. 95-205.

549 N.W.2d 794 (1996)

STATE of Iowa, Appellant, v. Ruthann D. HARTLEY and Jeffrey E. Hartley, Appellees.

Supreme Court of Iowa.

June 19, 1996.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, and Fred H. McCaw, County Attorney, for appellant.

Ruthann D. Hartley and Jeffrey E. Hartley, Dubuque, pro se.

Considered by HARRIS, P.J., and LARSON, CARTER, NEUMAN, and ANDREASEN, JJ.

LARSON, Justice.

Jeffrey and Ruthann Hartley were arrested in their home on December 16, 1994, and charged with domestic abuse. See Iowa Code § 708.2A(2)(b) (1993). The next day the court found probable cause for the defendants' arrest but dismissed the complaints "for lack of a prosecution witness." On the State's application for reinstatement of the charges, the court, in two separate orders, reaffirmed its previous dismissal. We granted the State's...

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