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STATE v. BOYKEN

No. 55686.

217 N.W.2d 218 (1974)

STATE of Iowa, Appellee, v. Russell Dean BOYKEN, Appellant.

Supreme Court of Iowa.

April 24, 1974.

Attorney(s) appearing for the Case

John C. Platt, Cedar Rapids, for appellant.

Richard C. Turner, Atty. Gen., Robert Jacobson, Asst. Atty. Gen., and Steven S. Hoth, Asst. Co. Atty., for appellee.

Submitted to MOORE, C. J., and MASON, LeGRAND, REYNOLDSON and HARRIS, JJ.

REYNOLDSON, Justice.

This defendant was convicted of the crime of larceny of property exceeding $20 in value. See §§ 709.1, 709.2, The Code. Following his sentence to serve not to exceed five years in the Ft. Madison penitentiary, he appeals. We reverse the judgment.

Defendant was observed while taking 31 records from the shelf of the J. C. Penney store in Burlington. He placed them under his coat and...

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