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STATE v. BIHAIN

No. 50253.

107 N.W.2d 440 (1961)

STATE of Iowa, Appellee, v. Wilbur BIHAIN, Appellant.

Supreme Court of Iowa.

February 8, 1961.

Attorney(s) appearing for the Case

Life, Davis & Life, Oskaloosa, for appellant.

Evan L. Hultman, Atty. Gen., and Robert N. Johnson, County Atty. of Lee County, Fort Madison, for appellee.

PER CURIAM.

Defendant, Wilbur Bihain, was indicted by the grand jury of Lee County for the crime of robbery with aggravation, in violation of section 711.2, Code of Iowa, 1958, I.C.A. The indictment alleged defendant had twice previously been convicted of a specified felony, committed to prison therefor and consequently was an habitual criminal within the meaning of Code section 747.5, I.C.A. He pleaded not guilty, a jury

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