STATE v. BENSON

No. 48610.

72 N.W.2d 438 (1955)

STATE of Iowa, Appellee, v. Myron Eugene BENSON, Appellant.

Supreme Court of Iowa.

Rehearing Denied December 16, 1955.


Attorney(s) appearing for the Case

Joseph Z. Marks and Don Hise, Des Moines, for appellant.

Dayton Countryman, Atty. Gen., Raphael R. R. Dvorak, Asst. Atty. Gen., Clyde C. Herring, County Atty., and Edward R. Fitzgerald, Asst. County Atty., Des Moines, for appellee.


LARSON, Justice.

This is an appeal from the Polk County District Court wherein the defendant was found guilty of the crime of larceny of two tires during the night of July 22, 1953, from the Merchants Motor Freight, Inc., valued at more than $20. After conviction by a jury February 3, 1954, the trial court denied defendant's motion for a new trial and he was sentenced to 90 days in jail and fined $300.

Only two issues are raised in this appeal: (1) whether...

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