STATE v. KELLOGG

No. 59659.

263 N.W.2d 539 (1978)

STATE of Iowa, Appellee, v. Francis Vern KELLOGG, Appellant.

Supreme Court of Iowa.

March 22, 1978.


Attorney(s) appearing for the Case

Humphreys & Associates, by Lloyd E. Humphreys and Brian L. Gruhn, Cedar Rapids, for appellant.

Richard C. Turner, Atty. Gen., Faison T. Sessoms, Jr., Asst. Atty. Gen., and David H. Correll, Black Hawk County Atty., for appellee.

Considered by MOORE, C. J., and MASON, RAWLINGS, REES and UHLENHOPP, JJ.


UHLENHOPP, Justice.

This appeal involves several problems which arose in a prosecution on a murder indictment.

The crucial fact question at trial was whether defendant Francis Vern Kellogg shot his wife, Constance Kellogg, or whether she committed suicide by shooting herself. On the evening of August 22, 1975, defendant and his wife were in their home in Waterloo, Iowa. They both frequently drank and quarreled. On this occasion they were in their bedroom quarreling...

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