STATE v. BILLINGS

No. 58548.

242 N.W.2d 736 (1976)

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

Supreme Court of Iowa.

May 19, 1976.


Attorney(s) appearing for the Case

Thomas J. Bice and James L. Kramer, Johnson, Burnquist, Erb, Latham & Gibb, Fort Dodge, for appellant.

Richard C. Turner, Atty. Gen., Dorothy L. Kelley, Asst. Atty. Gen., and William J. Thatcher, County Atty., for appellee.

Heard by MOORE, C.J., and LeGRAND, UHLENHOPP, REYNOLDSON and McCORMICK, JJ.


McCORMICK, Justice.

Defendant appeals his conviction and sentence for failure to return a rented motor vehicle in violation of § 710.14(3), The Code. The sole question is whether the trial court erred in refusing to instruct the jury that intent to defraud is an element of the crime. We hold the court erred in refusing to so instruct. We reverse and remand for new trial.

The charge was based on the alleged failure of defendant to return a rented 1975...

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