State v. Flack

The question presented by the State’s appeal from this judgment of acquittal of operating a motor vehicle while intoxicated (OMYI) is whether it was error to exclude as confidential under section 321.271, Code, 1958, testimony of a police officer as to defendant’s admissions made to him while he was investigating the accident out of which the charge arose. We hold the ruling was error.

I. The judgment of acquittal is final as to defendant. However, we will entertain an appeal by the State in a criminal case where it presents a legal question the determination of which will be beneficial, or a…