STATE v. WALTON

No. 59042.

247 N.W.2d 736 (1976)

STATE of Iowa, Appellee, v. Estell (NMN) WALTON, Appellant.

Supreme Court of Iowa.

December 15, 1976.


Attorney(s) appearing for the Case

Kjas T. Long, of Charles F. Hinton, Jr., Law Firm, Waterloo, for appellant.

Richard C. Turner, Atty. Gen., Mark S. Beckman, Asst. Atty. Gen., and David H. Correll, County Atty., for appellee.

Heard by MOORE, C. J., and MASON, UHLENHOPP, REYNOLDSON and McCORMICK, JJ.


McCORMICK, Justice.

Defendant Estell Walton appeals his conviction and sentence for second-degree murder in violation of § 690.3, The Code. We reverse because we find merit in two of his six assignments of error. We hold the trial court erred in failing to conduct a hearing to determine the admissibility of statements of defendant and in overruling his hearsay objection to a hospital record.

This appeal is the latest chapter in the State's effort to prosecute...

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