State v. Alberts

This is a companion case to State v. Stuart, 241 Iowa 1004, 43 N.W.2d 702. Defendant and Stuart were jointly indicted for burglary with aggravation, as defined in sections 708.1 and 708.2, Code of Iowa, 1946 and 1950. It was charged they burglarized a dwelling house in Ankeny. Defendant pleaded not guilty, was granted a separate trial, and was convicted. He appeals.

I. On the State’s rebuttal the county attorney asked a witness: “Q. Do you know what his [defendant’s] general reputation is in Sioux City as being an honest, upright citizen and a man who is industrious?” An objection to1 this as…