STATE v. VAN VOLTENBURG

No. 51788.

147 N.W.2d 869 (1967)

STATE of Iowa, Appellant, v. Gean Elvin VAN VOLTENBURG, Appellee.

Supreme Court of Iowa.

Motion for Rehearing Overruled March 9, 1967.


Attorney(s) appearing for the Case

Lawrence Scalise, Atty. Gen., Ronald A. Riley, Asst. Atty. Gen., Jack M. Fulton, Linn County Atty., and Thomas M. Horan, Asst. County Atty., for appellant.

Blake H. Shipton, Center Point, for appellee.


RAWLINGS, Justice.

By county attorney's information defendant was charged with possession of burglar's tools, entered a plea of not guilty, was tried, convicted and sentenced. His motions for a new trial and in arrest of judgment were overruled and he appeals.

About 2:15 a. m., September 8, 1964, a private watchman saw defendant enter an alleyway in Cedar Rapids. The watchman first called the police, then in his automobile entered the alley, located defendant...

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