STATE v. BERGER

No. 88-51.

438 N.W.2d 29 (1989)

STATE of Iowa, Plaintiff-Appellee, v. James Angelo Madison BERGER, Defendant-Appellant.

Court of Appeals of Iowa.

January 26, 1989.


Attorney(s) appearing for the Case

Raymond E. Rogers, Acting Chief Appellate Defender, and Barbara M. Anderson, Asst. Appellate Defender, for defendant-appellant.

Thomas J. Miller, Atty. Gen., Sarah J. Coats, Asst. Atty. Gen., and Daniel Shuck, Asst. Co. Atty., for plaintiff-appellee.

Heard by OXBERGER, C.J., and DONIELSON and SCHLEGEL, JJ.


OXBERGER, Chief Judge.

A jury found James Berger guilty of second-degree burglary. The defendant contends the trial court erred in failing to instruct the jury properly on the element of intent to commit a theft. Our review is for the correction of errors at law. We reverse and remand for a new trial.

Testimony at trial revealed the defendant and his cousin broke into the Hoing-Rice softball complex in Waterloo shortly after midnight, entered the concession...

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