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STATE v. BROWN

No. 68073.

341 N.W.2d 10 (1983)

STATE of Iowa, Appellee, v. Byron W. BROWN, Appellant.

Supreme Court of Iowa.

November 23, 1983.

Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Teresa Baustian, Asst. Atty. Gen., and Patrick C. McCormick, County Atty., for appellee.

Considered en banc.

REYNOLDSON, Chief Justice.

The controlling issue in this case is whether trial court should have admitted into evidence a police officer's description of defendant's picture identification by a five-year-old sexual abuse victim who was unavailable as a witness. Defendant, appealing following his conviction of second-degree sexual abuse (a violation of Iowa Code sections 709.1(3) and 709.3(2)), asserts this was hearsay and reversible error. Agreeing, we reverse and...

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