STATE v. SANGSTER

No. 63904.

299 N.W.2d 661 (1980)

STATE of Iowa, Appellee, v. William E. SANGSTER, Appellant.

Supreme Court of Iowa.

December 17, 1980.


Attorney(s) appearing for the Case

Randy J. Hohenadel of Newport, Fortini & Hohenadel, Davenport, for appellant.

Thomas J. Miller, Atty. Gen., Richard L. Cleland, Asst. Atty. Gen., and Stephen L. Schalk, Asst. County Atty., for appellee.

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


McCORMICK, Justice.

Defendant William E. Sangster appeals his conviction by jury and sentence for burglary in the second degree in violation of section 713.3, The Code. He challenges the sufficiency of the evidence and the refusal of the trial court to submit trespass as a lesser included offense. We reverse and remand on the lesser included offense issue.

I. Sufficiency of the evidence. Defendant moved for directed verdict at the close of the evidence...

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