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254 Iowa 1379

121 N.W.2d 89

State v. Green

Supreme Court of Iowa

Decided April 9, 1963

Supreme Court of Iowa · decided 1963-04-09

Good law ✅— No negative treatment on recordhow we know

Decided 1963-04-09

How this case has been cited

Cited by 16 later decisions — most recently July 1989

1 district · 15 state decisions

80196319701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Snell, J.

¶1(dissenting in part) — -I agree that this ease should be reversed and remanded for the reasons discussed in Division II of the opinion.

¶2I dissent from the conclusions reached in Division I.

¶3I do not agree that reference to an agreement to take a lie-detector test followed by sudden departure before the appointed time was reversible error. We are not determining the admissibility of results of a test or of a refusal to take a test. Here there was an agreement by defendant to take a test at a specified time at his home. The time was nine o’clock the next morning. When the time arrived it was discovered that defendant with his wife and five children had departed for parts unknown. I see no error in reference to an agreement breached by flight.

Garfield, 0. J., and Thompson and Moore, JJ., join in this dissent.
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