State v. Ivey

This is an appeal from a second conviction of the appellant. The first judgment was reversed by this court because of an erroneous instruction. State v. Ivey, 196 Iowa 270. The facts are stated in our former opinion.

I. The appellant assigns error on the giving of certain instructions to the jury. The verdict was returned on November 14, 1923. A motion for a new trial, embodying exceptions to instructions, was filed on November 22, 1923. At that time, as Ave understand the record, the following stipulation was entered of record:

“It is stipulated between the state of Iowa and the defendant that…