State v. Houston

REYNOLDSON, Justice.

Defendant was convicted in district court of burglary without aggravation, and sentenced as an habitual criminal under the provisions of § 747.5, The Code. He appeals and we affirm.

Defendant asserts trial court erred in permitting a witness to make an in-court identification based on a suggestive identification at a police station, in overruling his new trial motion grounded on jury misconduct, and in denying him due process and a fair trial.

I. Issue of identification. State’s witness Kerns was a visitor in a house adjoining the burglarized home in Davenport, Iowa. About…