State v. O'CONNOR

LARSON, Justice.

This is an appeal from the defendant’s conviction of the crimes of burglary in the second degree, Iowa Code sections 713.1 and 713.3, and theft in the fourth degree, Iowa Code sections 714.1 and 714.2(4). Following his conviction he appealed to this court and the case was referred to the Court of Appeals which affirmed the conviction by a three-to-two majority. On application of the defendant further review was granted by this court. We affirm.

On the early morning of December 19, 1981, a gas station in Hedrick, Iowa, was burglarized. A witness identified an automobile which…