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STATE v. WARDENBURG

No. 52587.

158 N.W.2d 147 (1968)

STATE of Iowa, Appellant, v. Roger WARDENBURG, Appellee.

Supreme Court of Iowa.

April 9, 1968.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., David A. Elderkin, Asst. Atty. Gen., William G. Faches, County Atty., and Eugene J. Kopecky, Asst. County Atty., Cedar Rapids, for appellant.

Keith E. Stapleton, Cedar Rapids, for appellee.

MASON, Justice.

A Linn County grand jury indicted defendant Roger Wardenburg for the crime of forgery, contrary to section 718.1, 1962 Code of Iowa. At arraignment defendant pleaded not guilty. Some weeks later trial to a jury was commenced and, after the State had presented its evidence and rested, defendant moved to dismiss the charge. He asserted in paragraphs 1 and 2 of his motion the State had failed to establish beyond a reasonable doubt that (1) any public...

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