STATE v. HESFORD

No. 58698.

242 N.W.2d 256 (1976)

STATE of Iowa, Appellee, v. Steven Craig HESFORD, Appellant.

Supreme Court of Iowa.

May 19, 1976.


Attorney(s) appearing for the Case

Jon M. Kinnamon, Cedar Rapids, for appellant.

Richard C. Turner, Atty. Gen., Raymond W. Sullins, Asst. Atty. Gen., Des Moines, William G. Faches, County Atty., and Lew Eells, Asst. County Atty., Cedar Rapids, for appellee.

Submitted to REYNOLDSON, Acting C.J., and MASON, RAWLINGS, REES and HARRIS, JJ.


REES, Justice.

This appeal presents for our determination the sole question whether the use of a shotgun by the defendant against property, and not against a person, in the commission of the crime renders the defendant ineligible for a deferred sentence under the provisions of § 789A.1(1)(c), The Code.

Defendant Steven Craig Hesford, a resident of Cedar Rapids, owned a 12-gauge shotgun which he used for hunting purposes. On December 5, 1974, Hesford secured...

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