STATE v. BONE

No. 86-1760.

429 N.W.2d 123 (1988)

STATE of Iowa, Appellee, v. Harvey W. BONE, Appellant.

Supreme Court of Iowa.

As Corrected October 17, 1988.

Rehearing Denied November 18, 1988.


Attorney(s) appearing for the Case

Philip F. Miller, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., Bruce Kempkes, Asst. Atty. Gen., and Willard Olesen, Co. Atty., for appellee.

Considered by MCGIVERIN, C.J., and SCHULTZ, LAVORATO, NEUMAN, and SNELL, JJ.


NEUMAN, Justice.

In this appeal from defendant's convictions for burglary, theft and possession of burglar's tools, the question is whether the trial court properly submitted a "flight instruction" to the jury. The court of appeals split 3-2 on the quetion, reversing the trial court and remanding for new trial. On further review from that decision, we agree with the court of appeals' analysis of why such an instruction ought not to be given, but disagree with...

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