STATE v. GANSZ

No. 84-1774.

376 N.W.2d 887 (1985)

STATE of Iowa, Appellee, v. Dale Eugene GANSZ, Appellant.

Supreme Court of Iowa.

November 13, 1985.


Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, and Raymond E. Rogers, Asst. Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., and Ann E. Brenden, Asst. Atty. Gen., for appellee.

Considered by REYNOLDSON, C.J., and UHLENHOPP, McCORMICK, SCHULTZ, and WOLLE, JJ.


SCHULTZ, Justice.

Dale Eugene Gansz appeals from his conviction of perjury in violation of Iowa Code section 720.2. Gansz alleges that the trial court erred in submitting a marshalling instruction which allowed the jury to find him guilty of an offense not charged in the trial information and that was barred by the statute of limitations. We hold the instruction was erroneous and prejudicial to Gansz. Therefore, we reverse and remand.

In December 1979 Gansz...

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