State v. Thompson

LeGRAND, Justice.

This appeal presents the question whether § 769.8, The Code, permits a full-time magistrate to approve a county attorney’s information. We hold it does not, and we therefore reverse defendant’s conviction with instructions that the trial court enter an order dismissing the information under which this prosecution took place.

I. On June 7, 1976, the county attorney of Jasper County filed an information accusing defendant of the crime of operating a motor vehicle while under the influence of an alcoholic beverage in violation of § 321.-281, The Code, 1975. The information was…