STATE v. McCORMACK

No. 62829.

293 N.W.2d 209 (1980)

STATE of Iowa, Appellee, v. Dennis C. McCORMACK, Appellant.

Supreme Court of Iowa.

June 18, 1980.


Attorney(s) appearing for the Case

Ralph W. Koons, Cedar Rapids, for appellant.

Thomas J. Miller, Atty. Gen., Douglas F. Staskal, Asst. Atty. Gen., and Jack W. Dooley, Johnson County Atty., for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, REES, HARRIS, and ALLBEE, JJ.


HARRIS, Justice.

This appeal from a conviction of second-degree theft of a motor vehicle in violation of sections 714.1(1) and 714.2(2), The Code 1979, challenges the trial court's instructions to the jury on two grounds. We find merit in both challenges and accordingly reverse the trial court and remand the case for a new trial.

I. The charge carried with it the lesser included offense of operating a motor vehicle without the owner's consent. § 714.7...

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