STATE v. SMITH

No. 54776.

196 N.W.2d 439 (1972)

STATE of Iowa, Appellee, v. Clarence Duane SMITH, Appellant.

Supreme Court of Iowa.

April 13, 1972.


Attorney(s) appearing for the Case

Gary H. Swanson, Des Moines, for appellant.

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


UHLENHOPP, Justice.

The question before us is whether stealing a tire and rim from a wheel on a car constitutes larceny "in" a motor vehicle.

Law officers who were called to a new-car lot at night discovered defendant emerging from the lot. They searched the lot and found a Buick car from which the left front tire and rim were missing. A tire, jack, and lug wrench were nearby. The officers located a Buick rim in the trunk of defendant's Pontiac car a short...

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