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State v. Katz, 1949
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[Jordan Dingman?] 40 N.W.2d 41 http://web2.westlaw.com/shared/text.wl?...rvice= Find&cfid=0&RS=WLW2.09&VR=2.0&n=1 Iowa 1949 Evidence showing commission of crimes other than charged crime is admissible where such evidence tends to show a current policy to violate the specific statute which defendant is accused of violating. (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [6] KeyCite this headnote 110 CRIMINAL LAW 110XXIV Review 110XXIV(O) Harmless and Reversible Error 110k1171 Arguments and Conduct of Counsel 110k1171.1 In General 110k1171.1(2) Statements as to Facts, Comments, and Arguments 110k1171.1(5) k. Comments on failure to produce witnesses or evidence. Formerly 110k1171(1) Iowa 1949 In prosecution for violating Civil Rights Statute by refusing to serve a colored person at a soda fountain in a drug store, statement of state's attorney made at close of defendant's case, that it never occurred to him that the waitress who was defendant's witness would not be brought to court, and that a recess was desired so that the waitress could be obtained to testify for state in rebuttal and the jury could ear her side of the story, was not prejudicial to defendant. I.C.A [?] 735.1, 735.2. (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [7] KeyCite this headnote 110 CRIMINAL LAW 110XX Trial 110XX(E) Arguments and Conduct of Counsel 110k712 Statements as to Facts, Comments, and Arguments 110k721.5 Comments on Failure to Produce Witnesses or Evidence 110k721.5(2) k. In particular prosecutions. Iowa 1949 In prosecution for violating Civil Rights Statute by refusing to serve a colored person at a soda fountain in a drug store, trial court properly overruled objections to statement of counsel for state in argument to jury, that state could not call a waitress as a witness, but that she was available to defendant and that jury should have heard her statement I.C.A. [?] 735.1, 735.2 (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [8] KeyCite this headnote 110 CRIMINAL LAW 110XX Trial 110XX(G) Instructions: Necessity, Requisites, and Sufficiency 110k822 Construction and Effect of Charge as a Whole 110k822(1) k. In general. Iowa 1949 In scrutinizing a trial court's instructions to jury for possible error, the charge must be read in relation to the context, and instructions cannot properly be separated into parts and treated piecemeal. (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [9] KeyCite this headnote 3 of 7 3/29/00 2:40 PM
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[Jordan Dingman?] 40 N.W.2d 41 http://web2.westlaw.com/shared/text.wl?...rvice= Find&cfid=0&RS=WLW2.09&VR=2.0&n=1 Iowa 1949 Evidence showing commission of crimes other than charged crime is admissible where such evidence tends to show a current policy to violate the specific statute which defendant is accused of violating. (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [6] KeyCite this headnote 110 CRIMINAL LAW 110XXIV Review 110XXIV(O) Harmless and Reversible Error 110k1171 Arguments and Conduct of Counsel 110k1171.1 In General 110k1171.1(2) Statements as to Facts, Comments, and Arguments 110k1171.1(5) k. Comments on failure to produce witnesses or evidence. Formerly 110k1171(1) Iowa 1949 In prosecution for violating Civil Rights Statute by refusing to serve a colored person at a soda fountain in a drug store, statement of state's attorney made at close of defendant's case, that it never occurred to him that the waitress who was defendant's witness would not be brought to court, and that a recess was desired so that the waitress could be obtained to testify for state in rebuttal and the jury could ear her side of the story, was not prejudicial to defendant. I.C.A [?] 735.1, 735.2. (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [7] KeyCite this headnote 110 CRIMINAL LAW 110XX Trial 110XX(E) Arguments and Conduct of Counsel 110k712 Statements as to Facts, Comments, and Arguments 110k721.5 Comments on Failure to Produce Witnesses or Evidence 110k721.5(2) k. In particular prosecutions. Iowa 1949 In prosecution for violating Civil Rights Statute by refusing to serve a colored person at a soda fountain in a drug store, trial court properly overruled objections to statement of counsel for state in argument to jury, that state could not call a waitress as a witness, but that she was available to defendant and that jury should have heard her statement I.C.A. [?] 735.1, 735.2 (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [8] KeyCite this headnote 110 CRIMINAL LAW 110XX Trial 110XX(G) Instructions: Necessity, Requisites, and Sufficiency 110k822 Construction and Effect of Charge as a Whole 110k822(1) k. In general. Iowa 1949 In scrutinizing a trial court's instructions to jury for possible error, the charge must be read in relation to the context, and instructions cannot properly be separated into parts and treated piecemeal. (Cite as: 241 Iowa 115, 40 N.W.2d 41) STATE v. KATZ [9] KeyCite this headnote 3 of 7 3/29/00 2:40 PM
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