State v. Barnes

McCORMICK, Justice.

Defendant was convicted by jury and sentenced for larceny in the nighttime under Code § 709.4. The determinative issue in this appeal is the sufficiency of the evidence to support the verdict. We find the evidence insufficient and reverse.

In deciding whether there is sufficient evidence to support the verdict we view it in its light most favorable to sustaining the verdict, and we are bound by a verdict supported by substantial evidence and not against its clear weight. State v. Gray, 199 N.W.2d 57, 59 (Iowa 1972).

There is no dispute here as to sufficiency of the evidence…