STATE v. ALBERTS

No. 47551.

43 N.W.2d 703 (1950)

STATE v. ALBERTS.

Supreme Court of Iowa.

August 1, 1950.


Attorney(s) appearing for the Case

Sidney C. Levine, of Des Moines, for appellant.

Robert L. Larson, Attorney General, Don Hise, First Assistant Attorney General, and Edwin S. Thayer, County Attorney of Polk County, Des Moines, for appellee.


OLIVER, Justice.

This is a companion case to State v. Stuart, Iowa, 43 N.W.2d 702. Defendant and Stuart were jointly indicted for burglary with aggravation as defined in sections 708.1 and 708.2, Code of Iowa 1946 (1950), I.C.A. It was charged they burglarized a dwelling house in Ankeny. Defendant pleaded not guilty, was granted a separate trial, and was convicted. He appeals.

I. On the state's rebuttal the county attorney...

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