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STATE v. HAWKINS

No. 55166.

203 N.W.2d 555 (1973)

STATE of Iowa, Appellee, v. Danny Eugene HAWKINS, Appellant.

Supreme Court of Iowa.

January 17, 1973.

Attorney(s) appearing for the Case

Korf, Diehl, Clayton & Cleverley, Newton, for appellant.

Richard C. Turner, Atty. Gen., Fred M. Haskins, Asst. Atty. Gen. and Dennis F. Chalupa, County Atty., for appellee.

Considered en banc.

HARRIS, Justice.

The question is whether we should follow the rule announced in our majority opinion in State v. Everett, 157 N.W.2d 144 (Iowa 1968) or overrule that opinion and adopt the view expressed in the dissent. The majority in Everett held the offense of operating without consent under section 321.76, The Code, was not an included offense on a charge of larceny of motor vehicle under section 321.82, The Code. We overrule...

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