STATE v. SMITH

No. 61703.

272 N.W.2d 859 (1978)

STATE of Iowa, Appellee, v. Donald Eugene SMITH, Appellant.

Supreme Court of Iowa.

December 20, 1978.


Attorney(s) appearing for the Case

Michael J. Streit and Richard D. Morr, of Morr & Shelton, P. C., Chariton, for appellant.

Richard C. Turner, Atty. Gen., Ann Fitzgibbons, Asst. Atty. Gen., and Robert L. Fulton, Decatur County Atty., for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, McCORMICK, ALLBEE and McGIVERIN, JJ.


ALLBEE, Justice.

Defendant, Donald Eugene Smith, stands convicted of the offense of operating a motor vehicle while under the influence of alcohol, a violation of § 321.281, The Code. He now appeals from certain evidentiary rulings rendered during his jury trial. We find merit in his contentions and reverse.

In the early morning of November 3, 1977 defendant attracted the attention of Trooper Ronald R. Thomas of the Iowa Highway Patrol by forcing Thomas...

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