State of Iowa v. Betty Ann Nall

MANSFIELD, Justice.

This case requires us to answer the following question: Does a person commit theft by taking within the meaning of Iowa Code section 714.1(1) (2013) when the person obtains property or services by delivering a phony check or money order? Here, the defendant removed money from her bank account after depositing several counterfeit checks and money orders. La ter, she endorsed a counterfeit money order to a veterinary clinic to pay for boarding services. In both instances, she was charged with and convicted of “[taking] possession or control of the property of another,” a…