STATE v. SMILEY

No. 55489.

201 N.W.2d 730 (1972)

STATE of Iowa, Appellee, v. Robert W. SMILEY and Donald V. Smiley, Appellants.

Supreme Court of Iowa.

October 18, 1972.


Attorney(s) appearing for the Case

Lloyd E. Humphreys, Cedar Rapids, for appellants.

Richard C. Turner, Atty. Gen., Richard N. Winders, Asst. Atty. Gen., and William Faches, Linn County Atty., for appellee.

Heard before MOORE, C. J., and UHLENHOPP, REYNOLDSON, HARRIS and McCORMICK, JJ.


HARRIS, Justice.

Defendants appeal their convictions of assault and battery, citing error in several evidentiary rulings. We reverse.

Both defendants had a proprietary interest in the Sportsman's Lounge in Cedar Rapids. Complaining witness is a member of an organized gang which also included Slatko Haiden referred to in the briefs as "Sluggo." The gang together with female companions patronized the lounge on the night in question. Sluggo used some foul language...

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