State v. Thornburgh

MASON, Justice.

September 14, 1972, a Polk County grand jury returned an indictment accusing James Ellis Thornburgh of the crime of larceny in the nighttime as defined in section 709.4, The Code. He appeals from judgment entered on a jury verdict convicting him of the lesser and included offense of larceny of the property of the value of more than $20. Section 709.2.

The factual circumstances of the offense arise out of the removal of a $3500 boat from the parking lot of Graber’s Boat Sales in Johnston, Iowa. About 11:40 p. m. May 25, 1972, Officer Kinney of the Johnston police force saw…