STATE v. LONG

No. 49466.

93 N.W.2d 744 (1958)

STATE of Iowa, Plaintiff-Appellee, v. Harvey John LONG, Defendant-Appellant.

Supreme Court of Iowa.

December 16, 1958.


Attorney(s) appearing for the Case

Don Hise, Des Moines, for appellant.

Norman A. Erbe, Atty. Gen., Hugh V. Faulkner, Asst. Atty. Gen., Ray Hanrahan, Polk County Atty., and Leo S. Ballard, Asst. Polk County Atty., Des Moines, for appellee.


LINNAN, Justice.

Appellant was found guilty of the crime of operating a motor vehicle while intoxicated by a jury in Polk County, Iowa. The only question presented by this appeal is whether or not the Assistant County Attorney of Polk County was guilty of such prejudicial misconduct so as to require a new trial.

The defendant was arrested on March 5, 1957 at about 11:36 p. m. after he had collided with a telephone pole and a parking meter. He voluntarily consented...

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