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STATE v. MILLER

No. 97-1929.

590 N.W.2d 45 (1999)

STATE of Iowa, Appellee, v. Monzelle MILLER, Appellant.

Supreme Court of Iowa.

February 17, 1999.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Martha J. Lucey, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Martha E. Boesen, Assistant Attorney General, John P. Sarcone, County Attorney, and Jeff Noble, Assistant County Attorney, for appellee.

Considered by HARRIS, P.J., and LARSON, CARTER, NEUMAN, and TERNUS, JJ.

NEUMAN, Justice.

Monzelle Miller operated a successful cottage industry from her cell at the Iowa Correctional Institution for Women at Mitchellville. Through the medium of love letters she managed to swindle several male correspondents out of substantial sums of money. The question on appeal is whether her conviction for theft by deception can be upheld against a challenge to one element of the court's marshaling instruction—that her guilt could rest, in part...

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