STATE v. PETERSON

No. 53977.

196 N.W.2d 436 (1972)

STATE of Iowa, Appellee, v. James Ray PETERSON, Appellant.

Supreme Court of Iowa.

April 13, 1972.


Attorney(s) appearing for the Case

Jesse, LeTourneau & Johnston, Des Moines, for appellant.

Richard C. Turner, Atty. Gen., Allen J. Lukehart, Asst. Atty. Gen., Ray A. Fenton, County Atty., and Harold Young, Asst. County Atty., for appellee.


MOORE, Chief Justice.

On this appeal following his conviction and sentence for possession of burglar's tools in violation of Code section 708.7 defendant, James Ray Peterson, asserts the trial court erred in (1) overruling his motion for mistrial and (2) not giving his requested instruction and in giving instruction 11 without advising the jury the State's case rested solely upon circumstantial evidence. We affirm.

About 6:30 a. m., August 8, 1969 an Iowa...

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