STATE v. RUTLEDGE

No. 96-1671.

600 N.W.2d 324 (1999)

STATE of Iowa, Appellee, v. Heather Rae RUTLEDGE, Appellant.

Supreme Court of Iowa.

September 9, 1999.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and John P. Messina, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, Lee E. Poppen, County Attorney, and Jeff Tekippe, Assistant County Attorney, for appellee.

Considered by LARSON, P.J., and CARTER, TERNUS, CADY, and HARRIS, JJ.


HARRIS, Senior Judge.

Defense counsel in this criminal prosecution did not at the time challenge the prosecutor for unfair and unprofessional arguments during the State's summations to the jury. So, although the comments were clearly improper, the defendant is confronted by an obvious preservation problem. Nothing is more basic in the law of appeal and error than the axiom that a party cannot sing a song to us that was not first sung in trial court. We do not subscribe...

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