State v. Rowley, 35716.
| Decision Date | 28 June 1924 |
| Docket Number | No. 35716.,35716. |
| Citation | 198 Iowa 613,199 N.W. 369 |
| Parties | STATE v. ROWLEY. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Polk County; W. G. Bonner, Judge.
Supplemental opinion on rehearing. For former opinion, see 198 N. W. 37.
*369Theodore F. Mantz and David Fletcher, both of Des Moines, for appellant.
Ben Gibson, Atty. Gen., for the State.
On rehearing it is seriously urged that the ruling of this court on the matter of the telephone conversation with accused is in conflict with our holding in Barber v. City Drug Store, 173 Iowa, 651, 155 N. W. 992. In view of the contention, we deem it advisable to outline further the evidence bearing on the proposition.
It is shown that the prosecuting witness, Velma Kirby, also testified with respect to this conversation, and stated that she had such a conversation when Mrs. Emma Berkey the police matron, was on the line, but she did not remember “exactly what was said.” Her testimony in this particular, which was admitted without objection, identified the defendant as the person in conversation with her when the police matron listened in, and by reason of this fact the objections of appellant, to which reference is made in the opinion filed in this case, were properly overruled.
The petition for rehearing is denied.
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