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STATE v. MARCUM

No. 48297.

62 N.W.2d 238 (1954)

STATE v. MARCUM.

Supreme Court of Iowa.

January 12, 1954.

Attorney(s) appearing for the Case

Leo Hoegh, Atty. Gen., Raphael R. R. Dvorak, Asst. Atty. Gen., Clyde E. Herring, County Atty., and Luther T. Glanton, Jr., Asst. County Atty., Des Moines, for appellant.

George E. Flagg, Des Moines, for appellee.

LARSON, Justice.

The state appealed defendant's acquittal on an O.M.V.I. charge assigning as error the court's exclusion of a written statement "purporting to be a confession." The state claimed the court erred because (1) "an accident report is admissible in a criminal case within the meaning of Section 321.271 of the 1950 Code of Iowa [I.C.A.]," and (2) "the same is not in fact an accident report * * * but an admission against interest, and if such be an accident...

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