STATE v. ROUSE

No. 63811.

290 N.W.2d 911 (1980)

STATE of Iowa, Appellee, v. James Emery ROUSE, Appellant.

Supreme Court of Iowa.

Rehearing Denied May 16, 1980.


Attorney(s) appearing for the Case

Jon M. Kinnamon of Kinnamon, Kinnamon, Russe & Meyer, Cedar Rapids, for appellant.

Thomas J. Miller, Atty. Gen., Kathy Krewer, Asst. Atty. Gen., and Keith D. Collins, Asst. Benton County Atty., for appellee.

Considered by REYNOLDSON, C. J., and HARRIS, McCORMICK, ALLBEE and LARSON, JJ.


LARSON, Justice.

This defendant appeals a conviction of second-degree burglary, in violation of section 713.3, Supplement to the Code 1977. He asserts that the trial court erred (1) in overruling his motion to dismiss the trial information for failure to hold a preliminary hearing within ten days after his arrest, (2) in failing to submit an instruction on the lesser-included offense of criminal trespass, and (3) in overruling his motion for new trial, based upon...

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