STATE v. WHITFIELD

No. 66230.

315 N.W.2d 753 (1982)

STATE of Iowa, Appellee, v. Henry Lee WHITFIELD, Appellant.

Supreme Court of Iowa.

Rehearing Denied March 12, 1982.


Attorney(s) appearing for the Case

Jorge Gomez, Jr., of Gomez, Feuerbach, May & Pries, Davenport, for appellant.

Thomas J. Miller, Atty. Gen., Thomas N. Martin, Asst. Atty. Gen., and William Davis, Scott County Atty., for appellee.

Considered by REYNOLDSON, C. J., and UHLENHOPP, HARRIS, McGIVERIN, and SCHULTZ, JJ.


HARRIS, Justice.

Defendant was tried before a jury and convicted of kidnapping in the first degree in violation of section 710.2, The Code 1979, and of sexual abuse in the second degree in violation of section 709.3, The Code 1979. On his appeal we find two of his three assignments of error to be without merit. We affirm in part and reverse in part.

While playing in a park the victim, a mildly retarded thirteen year old girl, was picked up by the defendant...

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