State v. Johnson

HARRIS, Justice.

This appeal questions the propriety of instructing on a material issue where all evidence supporting the issue would have been inadmissible but was received without objection. David Wayne Johnson (defendant) appeals his conviction of burglary with aggravation in violation of §§ 708.1 and 708.2, The Code. We affirm.

On May 14, 1973 at about 11:15 p. m. three armed men entered the house of Earl J. Ingram in Des Moines. A scuffle ensued between Ingram and the three intruders. Defendant’s subsequent trial and conviction resulted.

Defendant testified in his own defense. His direct…