# State v. Niccum

> Supreme Court of Iowa · October 13, 1971 · 190 N.W.2d 815

URL: https://www.frixlaw.com/law-library/cases/9696246

## Case

- **Full name:** STATE of Iowa, Appellee, v. Michael Charles NICCUM, Appellant
- **Court:** Supreme Court of Iowa
- **Decided:** October 13, 1971
- **Citations:** 190 N.W.2d 815; 1971 Iowa Sup. LEXIS 783
- **Precedential status:** Published
- **Opinion:** Dissent by Rawlings
- **Judges:** Mason, Rawlings, Becker
- **Cited by:** 35 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9696246

## Opinion text

RAWLINGS, Justice
(dissenting).
I cannot agree with the conclusion reached in Division II of the majority opinion regarding the change of venue unsuccessfully sought by defendant in trial court, and upon that basis respectfully dissent.
In support hereof see basic rationale in Groppi v. Wisconsin, 400 U.S. 505 , 91 S.Ct. 490 , 27 L.Ed.2d 571 ; and dissent in State v. Loney, 163 N.W.2d 378, 383 .
I would therefore reverse and remand with instructions to grant defendant’s motion for change of venue and accord him a new trial.
BECKER, J., joins in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9696246. Public record. Not legal advice.