STATE v. JACKSON

No. 85-1852.

397 N.W.2d 512 (1986)

STATE of Iowa, Appellee, v. Wallace Andre JACKSON, Appellant.

Supreme Court of Iowa.

December 17, 1986.


Attorney(s) appearing for the Case

Charles L. Harrington, Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., G. Wylie Pillers, III, Co. Atty., and Gary Rolfes, Asst. Co. Atty., for appellee.

Considered by REYNOLDSON, C.J., and HARRIS, SCHULTZ, LAVORATO, and NEUMAN, JJ.


HARRIS, Justice.

Until this case was submitted to the jury the trial was routine and uneventful. There was strong evidence to support the jury's verdict that defendant was guilty of second-degree burglary. Iowa Code §§ 713.1, 713.5 (1985). The only flaw in the whole trial was that the jury was sent to deliberate without taking with it a copy of the jury instructions. We find that defendant waived the error and cannot now complain. We therefore affirm.

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