State v. Horstman

REYNOLDSON, Justice.

Defendant was charged with breaking and entering in violation of § 708.8, The Code. A jury convicted him on December 15,1967, and he was sentenced to prison for a term not to exceed ten years. We have granted permission to take this delayed appeal. Jerry Elmo [sic] Horstman v. State, 210 N.W.2d 427 (Iowa 1973). We reverse.

Except in a few crucial particulars the trial testimony was largely uncontroverted. August 26, 1967, four men (Malcolm Gros-sheim, Monroe Boley, LaVern Haupt and defendant, Jerry Horstman) left Prairie du Chien, Wisconsin, in Grossheim’s car. All four had…