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State v. Hillman

238 N.W.2d 793 (Iowa 1976)
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State v. Hillman

3 Citing cases

  1. State v. Henderson

    268 N.W.2d 173 (Iowa 1978)   Cited 18 times
    Finding no reversible error in the admission into evidence of an experiment gun that was not the actual gun

    That is the very situation presented by this record. See also State v. Rosewall, 239 N.W.2d 171 (Iowa); State v. Hillman, 238 N.W.2d 793 (Iowa). Defendant presents nothing for review here.

  2. State v. Peck

    238 N.W.2d 785 (Iowa 1976)   Cited 2 times
    Rejecting challenge to suppression ruling where "[d]efendant has not asked that we pass judgment on the validity of the search warrant" on the ground the warranted search was poisoned by an initial intrusion

    We have held the right to attack defective instructions under Code ยง 787.3(5) in a motion for new trial is waived by an earlier express disclaimer of exceptions. State v. Hillman, Iowa, 238 N.W.2d 793 (1976); State v. Dague, 206 N.W.2d 93, 95 (Iowa 1973). Even assuming arguendo that no waiver problem exists, this assignment of error is still of no benefit to defendant, for the instruction he urges is itself patently erroneous.

  3. State v. Rosewall

    239 N.W.2d 171 (Iowa 1976)   Cited 21 times

    " State v. Jackson, 223 N.W.2d 229, 231-232 (Iowa 1974). See also State v. Hillman, 238 N.W.2d 793 (Iowa 1976); State v. Feddersen, 230 N.W.2d 510, 516 (Iowa 1975). In Jackson, supra, we found an express waiver where defense counsel stated "* * * (t)he defendant has no objections and exceptions to the instructions in their final draft."