State v. Mesch

LAVORATO, Justice.

Our attempted burglary statute provides that “[a]ny person, having the intent to commit a felony, assault or theft therein, who, having no right, license, or privilege to do so, attempts to enter an occupied ... structure commits attempted burglary.” Iowa Code § 713.2 (1995). The issue is whether the State must specify the felony it seeks to prove an accused intended to commit after breaking and entering. We think the State must specify such felony and the district court must instruct on the elements constituting the felony. For that reason, a marshaling instruction in this…