Everett v. Brewer

HARRIS, Justice.

Can a defendant who was unsuccessful in arguing a point of law in a prior appeal take advantage of our later adoption of his argument when presented by a different appellant ? The trial court thought not and we agree.

In January of 1966 defendant was convicted of larceny of a motor vehicle in violation of section 321.82, The Code. We affirmed his conviction in State v. Everett, 157 N.W.2d 144 (Iowa 1968) (hereafter called the first Everett case). In that appeal defendant assigned as error the trial court’s refusal to submit what he claimed to be an included offense. He urged…