STATE v. McCARTY

No. 53424.

179 N.W.2d 548 (1970)

STATE of Iowa, Appellee, v. George John McCARTY, Jr., Appellant.

Supreme Court of Iowa.

September 2, 1970.


Attorney(s) appearing for the Case

O'Brien & Galvin, Sioux City, for appellant.

Richard C. Turner, Atty. Gen., James W. Hughes, Asst. Atty. Gen., and Richard T. Smith, County Atty., for appellee.


REES, Justice.

The defendant was charged by grand jury indictment with the larceny of a quantity of soybeans exceeding in value $20, in violation of section 709.4, Code, 1966. On his plea of not guilty he was tried to a jury and convicted, and from a judgment imposing sentence of imprisonment for a term of not to exceed ten years in the penitentiary, the defendant appeals. We reverse and remand.

I. In his first assignment of error, the defendant urges the...

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