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STATE v. MONK

No. 92-508.

514 N.W.2d 448 (1994)

STATE of Iowa, Appellee, v. Terry Lee MONK, Jr., Appellant.

Supreme Court of Iowa.

March 23, 1994.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Andi S. Lipman, Asst. State Appellate Defender, for appellant.

Bonnie J. Campbell, Atty. Gen., Robert P. Ewald, Asst. Atty. Gen., Thomas J. Ferguson, Co. Atty., and Thomas Bower, Asst. Co. Atty., for appellee.

Considered En Banc.

ANDREASEN, Justice.

Terry Lee Monk, Jr., was found guilty by a jury and convicted of sexual abuse in the second degree in violation of Iowa Code section 709.3(3) (1991). Monk appealed. We transferred the case to the court of appeals. On appeal he urged the trial court should have granted his motion for a judgment of acquittal based on insufficiency of the evidence and that the court failed to properly instruct the jury on his theory of defense. The court of appeals...

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