Legal Opinion

State v. Duncan

Supreme Court of Iowa

Decided November 25, 1981No. 64531PublishedCited by 77 opinions

1Opinion of the Court

UHLENHOPP, Justice.

If on a single occasion a person burglarizes a marina and a boat in the marina, may the county attorney prosecute the incident as one overall burglary, or must he consider the entries into the marina and the boat as two burglaries? This is the principal problem that confronts us in the present appeal. Cf. State v. Amsden, 300 N.W.2d 882 (Iowa 1981) (similar problem with crime of theft).

The Lindsey Park Yacht Club has a marina at the foot of Mound Street in Davenport, Iowa, consisting of eight slips where boats are moored. The marina is surrounded on the land side by a high…

2Cases cited36 opinions

  1. People v. . SullivanNew York Court of Appeals · 1903
  2. State v. RobinsonSupreme Court of Iowa · 1980
  3. People v. ChavezCalifornia Supreme Court · 1951
  4. State v. O'CONNELLSupreme Court of Iowa · 1979
  5. State v. WilliamsSupreme Court of Iowa · 1979

31 more not listed; retrieve them via the Exa API.

3Cited by77 opinions

  1. Mathis v. United StatesSupreme Court of the United States · 2016
  2. State v. TillmanUtah Supreme Court · 1987
  3. State of Iowa v. Eddie TiptonSupreme Court of Iowa · 2017
  4. State of Iowa v. Zyriah Henry Floyd SchlitterSupreme Court of Iowa · 2016
  5. United States v. Wayland HinkleCourt of Appeals for the Fifth Circuit · 2016

72 more not listed; retrieve them via the Exa API.

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