State v. Hawkins

HARRIS, Justice.

The question is whether we should follow the rule announced in our majority opinion in State v. Everett, 157 N.W.2d 144 (Iowa 1968) or overrule that opinion and adopt the view expressed in the dissent. The majority in Everett held the offense of operating without consent under section 321.76, The Code, was not an included offense on a charge of larceny of motor vehicle under section 321.82, The Code. We overrule State v. Everett, supra, and reverse.

Defendant had been drinking on the evening of April 13, 1970 and also had taken phenobarbital tablets on the night in question.…