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STATE v. McFARLAND

No. 97-1928.

598 N.W.2d 318 (1999)

STATE of Iowa, Appellee, v. Phillip McFARLAND, Appellant.

Court of Appeals of Iowa.

April 30, 1999.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Dennis D. Hendrickson, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Victoria Dominguez, Law Student Intern, Bruce Kempkes, Assistant Attorney General, John P. Sarcone, County Attorney, and Odell McGhee, Assistant County Attorney, for appellee.

Heard by STREIT, P.J., and VOGEL and ZIMMER, JJ.

STREIT, Presiding J.

Two men broke into a private home in the middle of the night, terrorized its occupants, and later claimed they could do so because they were pursuing a bond jumper. Phillip McFarland appeals his conviction and sentence for second-degree burglary contending the State presented insufficient evidence of burglarious intent and the trial court erred in refusing to instruct the jury on his proffered citizen...

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