State v. James

McCORMICK, Justice.

Defendant Donald Richard James appeals from his conviction by jury and sentence for theft in violation of section 714.1(6), The Code. He contends the trial court erred in overruling his motions for acquittal and in overruling an objection to the instructions. We find no error in the rulings on the motions for acquittal, but we agree the court erred in failing to instruct the jury on defendant’s theory of defense. Therefore we reverse and remand.

On March 23, 1978, defendant’s bank closed his checking account because it was overdrawn and notified him of that fact. It is…