State v. Newman

McCORMICK, Justice.

This is a consolidated appeal by defendants James Clifford Newman, Loren Robie Wilson, and Delbert Max Vanderpool from convictions and sentences for second-degree burglary under sections 713.1 and 713.3, The Code Supp. 1977. Although they urge two contentions, they preserved error on only one of them. They contend the trial court erred in overruling their motions to dismiss and for acquittal on the ground that the facts alleged do not constitute the offense. We affirm the trial court.

Defendants waived a jury, and the cases were jointly tried to the court. The State’s…