STATE v. POLTON

No. 51853.

143 N.W.2d 307 (1966)

STATE of Iowa, Appellee, v. Clifford Harold POLTON, Appellant.

Supreme Court of Iowa.

Rehearing Denied September 20, 1966.


Attorney(s) appearing for the Case

Max W. Smith, Des Moines, for appellant.

Lawrence F. Scalise, Atty. Gen., Don R. Bennett, Asst. Atty. Gen., Ray A. Fenton, County Atty., and Claude Freeman, Asst. County Atty., Des Moines, for appellee.


GARFIELD, Chief Justice.

Defendant was indicted for the crime of sodomy (fellatio) as defined in section 705.1, Code, 1962, I.C.A. The alleged act was committed with a 17-year-old boy. Defendant pleaded not guilty, was tried, found guilty by a jury, and sentenced to the penitentiary for not more than ten years as provided by section 705.2.

The three errors assigned on this appeal are all based on the receipt of testimony of police officers Backstrom and Warren...

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