State v. Wisniewski

LeGRAND, Justice.

A jury found defendant guilty of robbery with aggravation. He was sentenced to serve a term of not more than 25 years in the penitentiary under section 711.2, Code of Iowa, 1966, a judgment from which he appeals.

Defendant says three errors entitle him to a new trial. They are: (1) permitting testimony which defendant claims was based upon an out-of-court identification procedure violating his right to assistance of counsel under Amendments 6 and 14, Constitution of the United States; (2) instructing the jury that defendant had the burden of proving his alibi; and (3) refusing…