STATE v. KERSH

No. 66180.

313 N.W.2d 566 (1981)

STATE of Iowa, Appellee, v. James KERSH, Appellant.

Supreme Court of Iowa.

December 23, 1981.


Attorney(s) appearing for the Case

Francis C. Hoyt, Jr., State Appellate Defender, and Douglas F. Staskal, Asst. State Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., John P. Messina, Asst. Atty. Gen., and Steven S. Hoth, Des Moines County Atty., for appellee.

Considered by LeGRAND, P. J., and UHLENHOPP, HARRIS, ALLBEE, and LARSON, JJ.


UHLENHOPP, Justice.

In this appeal we pass upon the validity of the seizure of a pistol from defendant James Kersh, in a prosecution for carrying a concealed weapon under section 724.4, The Code 1979.

The principal witness for the State was Burlington Police Officer Ron Holtkamp. He testified at the suppression hearing not long after the seizure and again at defendant's trial about seven months later. At the trial he could not remember his suppression hearing...

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