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STATE v. THORNBURGH

No. 56210.

220 N.W.2d 579 (1974)

STATE of Iowa, Appellee, v. James Ellis THORNBURGH, Appellant.

Supreme Court of Iowa.

July 31, 1974.

Attorney(s) appearing for the Case

Philip F. Miller, Des Moines, for appellant.

Richard C. Turner, Atty. Gen., Fred M. Haskins, Asst. Atty. Gen., Ray A. Fenton, Co. Atty., for appellee.

Heard before MOORE, C. J., and MASON, RAWLINGS, REYNOLDSON and HARRIS, JJ.

MASON, Justice.

September 14, 1972, a Polk County grand jury returned an indictment accusing James Ellis Thornburgh of the crime of larceny in the nighttime as defined in section 709.4, The Code. He appeals from judgment entered on a jury verdict convicting him of the lesser and included offense of larceny of the property of the value of more than $20. Section 709.2.

The factual circumstances of the offense arise out of the removal of a $3500 boat from the...

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