STATE v. WILLIAMS

No. 86-814.

409 N.W.2d 187 (1987)

STATE of Iowa, Appellee, v. Howard Gilmour WILLIAMS, Appellant.

Supreme Court of Iowa.

July 22, 1987.


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., Bruce Kempkes, Asst. Atty. Gen., and William E. Davis, Co. Atty., for appellee.

Considered by McGIVERIN, P.J., and SCHULTZ, CARTER, WOLLE, and NEUMAN, JJ.


SCHULTZ, Justice.

This appeal presents the question whether a topper-enclosed pickup truck is an occupied structure under our burglary statute, Iowa Code section 713.1 (1985). The district court, Judge Edward B. deSilva, Jr., overruled defendant Howard Gilmour Williams's motion to dismiss a charge of burglary in the second degree, see Iowa Code section 713.5, holding that such a vehicle was an occupied structure under the definition of burglary in Iowa Code...

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