State v. Dallen

ANDREASEN, Justice.

A jury found Steven Louis Dallen guilty of the crime of going armed with a dangerous weapon with intent to use without justification such weapon against the person of another, in violation of Iowa Code section 708.8 (1987). Prior to sentencing, the district court granted Dallen’s motion in arrest of judgment. The State appeals from the district court order. We reverse and remand.

Dallen was charged with going armed with intent as a result of a shooting of a minor child by Dallen’s fourteen-year-old stepchild. The “weapon” used was a .177-caliber CO2 revolver capable of…