STATE v. KITTELSON

No. 52889.

164 N.W.2d 157 (1969)

STATE of Iowa, Appellee, v. Carleton KITTELSON, Appellant.

Supreme Court of Iowa.

January 14, 1969.


Attorney(s) appearing for the Case

Frank R. Miller, Decorah, for appellant.

Richard C. Turner, Atty. Gen., David A. Elderkin, Asst. Atty. Gen., and F. E. Sharp, County Atty., Elkader, for appellee.


BECKER, Justice.

On March 16, 1965 defendant was tried on county attorney's information charging larceny in the nighttime, Iowa Code, 1966, section 709.11, from the Huniker Garage in Monona, Iowa on August 23, 1964. Upon final submission the court also instructed on and submitted both the crime of larceny in an amount of more than $20 and of larceny in an amount of $20 or less, Code, sections 709.1 and 709.2. Larceny in the daytime, Code, section 709.5 was not submitted...

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