State v. Freeman

HARRIS, Justice.

Defendant appeals his conviction of shoplifting in violation of § 709.20, The Code, 1975. His sole assignment of error on appeal complains of the trial court’s refusal to submit his requested instructions concerning mistake of fact as a defense. We reverse the trial court and remand the case for a new trial.

Clifford George Freeman (defendant) and his girlfriend Vicki entered a retail store in Des Moines. Defendant maintains he gave his girlfriend $180 to pay for a stereo which she was to select. According to defendant’s story he was not feeling well and attempted to hurry…