Legal Opinion · Dissent

State v. Carey

Supreme Court of Iowa

Decided February 11, 1969No. 52942Published

1DissentGarfield, Chief Justice

I am convinced the trial court’s judgment is right and should be affirmed.

No one questions that an accused is entitled to a fair trial. I think this defendant was accorded such a trial.

It should not be lost sight of, however there are two parties to a criminal case and that the State as well as the defense is entitled to a fair trial. We have fre*37quently pointed this out. State v. Haffa, 246 Iowa 1275, 1283, 71 N.W.2d 35, 40, cert. den. 350 U.S. 914, 76 S.Ct. 198, 100 L.Ed. 801; State v. Case, 247 Iowa 1019, 1030, 75 N.W.2d 233, 240; State v. Kelly, 249 Iowa 1219, 1222, 91 N.W.2d 562, 564;…

2Cases cited91 opinions

  1. State v. DanaWashington Supreme Court · 1968
  2. Shover v. Iowa Lutheran HospitalSupreme Court of Iowa · 1961
  3. Hackman v. BeckwithSupreme Court of Iowa · 1954
  4. State v. JensenSupreme Court of Iowa · 1954
  5. Daniels v. BloomquistSupreme Court of Iowa · 1965

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