State v. TeBockhorst

McCORMICK, Justice.

Defendant Teddy J. TeBockhorst appeals his convictions by jury and sentences for arson in the second degree, in violation of sections 712.1 and 712.3, The Code 1979, and possession with intent to deliver a controlled substance, marijuana, in violation of section 204.401(1), The Code 1979. We find merit in his contentions that the trial court erred in instructing the jury on the arson charge and in holding the evidence was sufficient for jury submission of the profit element in the drug charge. As a result, we reverse.

In the morning of January 27, 1979, defendant was…