STATE v. TATE

No. 68760.

341 N.W.2d 63 (1983)

STATE of Iowa, Plaintiff-Appellee, v. Joey Maurice TATE, Defendant-Appellant.

Court of Appeals of Iowa.

September 27, 1983.


Attorney(s) appearing for the Case

Faith O'Reilly and Patrick R. Grady, Asst. Appellate Defenders, for defendant-appellant.

Thomas J. Miller, Atty. Gen. of Iowa, and Teresa Baustian, Asst. Atty. Gen., for plaintiff-appellee.

Heard by OXBERGER, C.J., and DONIELSON, SNELL, SCHLEGEL, HAYDEN and SACKETT, JJ.


HAYDEN, Judge.

Defendant appeals his conviction for third degree theft in violation of Iowa Code section 714.1 (1981). We reverse and remand for a new trial.

Defendant was accused of taking two pairs of pants from a clothing store. A store customer testified that defendant entered a dressing room carrying a flat vinyl zippered bag and emerged with the bag bulging at the sides. A salesman testified that after being informed of a possible theft, he stopped defendant...

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