EVERETT v. BREWER

No. 2-56605.

215 N.W.2d 244 (1974)

Jerry Joe EVERETT, Appellant, v. Lou V. BREWER, Warden of the Iowa State Penitentiary at Fort Madison, Appellee.

Supreme Court of Iowa.

February 20, 1974.


Attorney(s) appearing for the Case

Jerald W. Kinnamon, Cedar Rapids, and Robert Bartels and Robert N. Clinton, Iowa City, for appellant.

Richard C. Turner, Atty. Gen., Fred M. Haskins, Asst. Atty. Gen., and William G. Faches, County Atty., for appellee.

Heard before MOORE, C. J., and RAWLINGS, REYNOLDSON, HARRIS, and McCORMICK, JJ.


HARRIS, Justice.

Can a defendant who was unsuccessful in arguing a point of law in a prior appeal take advantage of our later adoption of his argument when presented by a different appellant? The trial court thought not and we agree.

In January of 1966 defendant was convicted of larceny of a motor vehicle in violation of section 321.82, The Code. We affirmed his conviction in State v. Everett, 157 N.W.2d 144 (Iowa 1968)...

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