State v. Lewis

MASON, Justice.

Defendant Ronald Lewis was charged by county attorney’s information filed February 3, 1975, with the crime of breaking and entering with intent to commit a public offense, namely, the larceny of goods from the Dalbey Service Station in Ellsworth, Iowa, in violation of section 708.8, The Code. He appeals from judgment and sentence imposed on his conviction by a jury of the offense charged.

Defendant’s contentions present four issues for review which will be stated later in more detail. However, an issue of vital importance is whether the trial court erred in giving instruction 12…