STATE v. SMITH

No. 57535.

228 N.W.2d 111 (1975)

STATE of Iowa, Appellee, v. Thomas Gale Corben SMITH, Appellant.

Supreme Court of Iowa.

April 16, 1975.


Attorney(s) appearing for the Case

Johnson, Phelan & Tucker, Fort Madison, for appellant.

Richard C. Turner, Atty. Gen., Thomas Mann, Jr., Asst. Atty. Gen., and Barry Anderson, County Atty., for appellee.

Submitted to MOORE, C. J., and RAWLINGS, REES, UHLENHOPP and McCORMICK, JJ.


McCORMICK, Justice.

Defendant appeals his conviction by jury and sentence for breaking and entering in violation of Code § 708.8. He contends the case should be reversed because of prosecutor misconduct and because of the trial court's failure to instruct the jury to disregard evidence received through the alleged prosecutor misconduct. He made no record in the trial court to support these contentions. We affirm.<...

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