STATE v. CAHILL

No. 54277.

186 N.W.2d 587 (1971)

STATE of Iowa, Appellant, v. The Honorable William S. CAHILL, Judge of the First Judicial District of Iowa in and for Des Moines County, Appellee.

Supreme Court of Iowa.

May 5, 1971.


Attorney(s) appearing for the Case

Alan N. Waples, County Atty., for appellant.

Dailey, Dailey, Ruther & Bauer, Burlington, for appellee.


BECKER, Justice.

William Edward Miler is accused of murder in connection with the death of an 18-month-old child. He filed a motion to suppress the testimony of Diane Rose Miler, his present wife. Evidentiary hearing on the motion resulted in a court finding that the evidence would be suppressed. The State was granted leave to file a writ of certiorari. We sustain the writ.

On the afternoon of April 12, 1969, the infant Jeffrey Rose was taken to the emergency...

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