Legal Opinion · Concurrence

State v. Sevcik

Supreme Court of Iowa

Decided March 17, 1976No. 2-58440Published

1ConcurrenceUhlenhopp, Justice

I disagree with the basis given for the court’s decision, but I agree with the result.

I. Section 780.11 of the Code provides:

Whenever the county attorney desires to introduce evidence to support the indictment, of which he shall not have given said four day’s notice because of insufficient time therefore since he learned said evidence could be obtained, he may move the court for leave to introduce such evidence, giving the same particulars as in the former case [name, address, occupation, and substance of testimony], and showing diligence such as is required in a motion for continuance,…

2Cases cited4 opinions

  1. State v. KingSupreme Court of Iowa · 1975
  2. State v. ClarkSupreme Court of Iowa · 1909
  3. Thrasher v. HaynesSupreme Court of Iowa · 1936
  4. Bruce v. PopeSupreme Court of Iowa · 1917

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