STATE v. BILLINGS

No. 58384.

242 N.W.2d 726 (1976)

STATE of Iowa, Appellee, v. Jerry Lee BILLINGS, Appellant.

Supreme Court of Iowa.

May 19, 1976.


Attorney(s) appearing for the Case

Dale A. Johnson, Fort Dodge, for appellant.

Richard C. Turner, Atty. Gen., James Robbins and Thomas Mann, Jr., Asst. Attys.

Gen., and William J. Thatcher, County Atty., for appellee.

Considered en banc.


McCORMICK, Justice.

Defendant appeals his conviction and sentence for burglary without aggravation in violation § 708.3, The Code. He contends the trial court erred (1) in overruling his pretrial motion to suppress evidence, (2) in allowing a witness to express an opinion on an issue of law, (3) in providing the jury an incorrect definition of nighttime, and (4) in refusing to instruct on breaking and entering as a lesser included offense. We reverse and remand...

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