STATE v. WILLET

No. 64451.

305 N.W.2d 454 (1981)

STATE of Iowa, Appellee, v. Harlan Hall WILLET, Jr., Appellant.

Supreme Court of Iowa.

May 13, 1981.


Attorney(s) appearing for the Case

Gregory A. Johnston, Muscatine, for appellant.

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

Considered by LeGRAND, P. J., and McCORMICK, ALLBEE, McGIVERIN and SCHULTZ, JJ.


McGIVERIN, Justice.

Defendant Harlan Hall Willet, Jr., appeals from his conviction for third-degree sexual abuse in violation of section 709.4(1), The Code 1979. We reverse the conviction and remand for a new trial because there was a prejudicial variance between the crime charged and the basis on which defendant was convicted by the court.

The county attorney by information charged defendant with third-degree sexual...

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