State v. McCormack

HARRIS, Justice.

This appeal from a conviction of second-degree theft of a motor vehicle in violation of sections 714.1(1) and 714.2(2), The Code 1979, challenges the trial court’s instructions to the jury on two grounds. We find merit in both challenges and accordingly reverse the trial court and remand the case for a new trial.

I. The charge carried with it the lesser included offense of operating a motor vehicle without the owner’s consent. § 714.7, The Code. Defendant’s first assignment of error is addressed to an instruction given in explanation of the included offense. The State urges…