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STATE v. SYLVESTER

Nos. 67964, 67976.

331 N.W.2d 130 (1983)

STATE of Iowa, Appellant, v. Scott A. SYLVESTER, Appellee. STATE of Iowa, Appellant, v. Donald L. HEUER II, Appellee.

Supreme Court of Iowa.

March 16, 1983.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Teresa M. Baustian, Asst. Atty. Gen., and David H. Correll, County Atty., for appellant.

Francis C. Hoyt, Jr., Appellate Defender, and Charles L. Harrington, Asst. Appellate Defender, for appellees.

Considered by REYNOLDSON, C.J., and UHLENHOPP, LARSON, SCHULTZ, and CARTER, JJ.

UHLENHOPP, Justice.

This appeal involves construction of the words "occupied structure" in chapter 713 of the Iowa Criminal Code.

The county attorney charged defendants Scott A. Sylvester and Donald L. Heuer II by trial information with second-degree burglary. From the information the following appears.

Dan E. Perkins, an employee of Klawitter Distributing Company, was delivering beer to Tony's Lounge in Cedar Falls, Iowa, on October 22, 1981. While...

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