No. 49773.

101 N.W.2d 535 (1960)

STATE of Iowa, Appellant, v. Burnell Leon FLACK, Appellee.

Supreme Court of Iowa.

March 8, 1960.

Attorney(s) appearing for the Case

Norman A. Erbe, Atty. Gen., Marion B. Neely, Asst. Atty. Gen., and Evan L. Hultman, Waterloo, County Atty., for appellant.

K. L. Kober, Waterloo, for appellee.

GARFIELD, Justice.

The question presented by the state's appeal from this judgment of acquittal of operating a motor vehicle while intoxicated (OMVI) is whether it was error to exclude as confidential under section 321.271, Code, 1958, I.C.A., testimony of a police officer as to defendant's admissions made to him while he was investigating the accident out of which the charge arose. We hold the ruling was error.

I. The judgment of acquittal is final as to...


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