STATE v. TEMPLETON

No. 60256.

258 N.W.2d 380 (1977)

STATE of Iowa, Appellee, v. James Elder TEMPLETON, Appellant.

Supreme Court of Iowa.

Rehearing Denied November 17, 1977.


Attorney(s) appearing for the Case

John R. Hearn, of Payton & Hearn, P. C., Des Moines, for appellant.

Richard C. Turner, Atty. Gen., Mark S. Beckman, Asst. Atty. Gen., Dan L. Johnston, County Atty., and James William Ramey, Asst. County Atty., for appellee.

Heard by MOORE, C. J., and RAWLINGS, REES, HARRIS and McCORMICK, JJ.


McCORMICK, Justice.

Defendant appeals his conviction by jury and sentence for breaking and entering in violation of § 708.8, The Code. He contends the trial court erroneously instructed the jury that he had the burden of proof on his intoxication defense. Although we agree that a defendant who relies on evidence of intoxication should not have the burden to prove he lacked specific intent because of it, we find no violation of this principle in the present case...

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