STATE v. EICHLER

No. 49204.

83 N.W.2d 576 (1957)

STATE of Iowa, Appellant, v. Joseph R. EICHLER, Appellee.

Supreme Court of Iowa.

June 4, 1957.


Attorney(s) appearing for the Case

Norman A. Erbe, Atty. Gen., Freeman H. Forrest, Asst. Atty. Gen., and William M. Tucker, County Atty., Iowa City, for appellant.

Edward L. O'Connor, Iowa City, for appellee.


THOMPSON, Justice.

A story widely told among lawyers concerns the trial judge who, being advised that his proposed ruling upon a matter then before him was directly contrary to holdings of the court of last resort of his state, said: "Did they say that? Well, they are going to have to say it again." It appears that this is not merely an old lawyers' tale. Such things do happen. The learned trial court, in the matter now before us, criticized our previous decisions...

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