STATE v. FURNALD

No. 60003.

263 N.W.2d 751 (1978)

STATE of Iowa, Appellee, v. Patrick R. FURNALD, Appellant.

Supreme Court of Iowa.

March 22, 1978.


Attorney(s) appearing for the Case

Vern M. Ball of Ball Law Offices, Bloomfield, for appellant.

Richard C. Turner, Atty. Gen., Raymond W. Sullins, Asst. Atty. Gen. and Sidney E. Drake, County Atty., Centerville, for appellee.

Considered by MOORE, C. J., and LeGRAND, REYNOLDSON, HARRIS, and McCORMICK, JJ.


REYNOLDSON, Justice.

The question this appeal presents is whether the crime of "criminal trespass," §§ 729.1 and 729.2, The Code, 1975, is a lesser included offense of the crime of breaking and entering, defined in § 708.8, The Code, 1975.

The State's evidence disclosed on April 8, 1976, old, rural "Hake's School" in Appanoose County was owned by Richard Gardner who used it for storage in his business of selling carpets, furnaces and air conditioners...

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