Supreme Court of Iowa, 1971

State v. District Court of Iowa Ex Rel. Linn County

State v. District Court of Iowa Ex Rel. Linn County
Supreme Court of Iowa · Decided June 17, 1971 · Per Curiam
188 N.W.2d 338; 1971 Iowa Sup. LEXIS 877 (North Western Reporter, Second Series)

State v. District Court of Iowa Ex Rel. Linn County

Opinion

PER CURIAM.

The State instituted this certiorari proceedings challenging the legality of the respondent Judge’s ruling which suppressed an incriminating statement in a first degree murder prosecution. Chief Justice MOORE and Justices STUART, Le-GRAND and REES favor sustaining the writ of certiorari. Justices MASON, RAWLINGS, BECKER and UHLEN-HOPP favor annulling the writ. Justice REYNOLDSON takes no part.

As the court is equally divided, the ruling of the trial court is affirmed, by operation of law under section 684.10, Code, 1971, without opinion. The writ is annulled and the case is remanded to the trial court for further proceedings.

Writ annulled by operation of law — case remanded.

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