State v. Billings

McCORMICK, Justice.

Defendant appeals his conviction and sentence for burglary without aggravation in violation § 708.3, The Code. He contends the trial court erred (1) in overruling his pretrial motion to suppress evidence, (2) in allowing a witness to express an opinion on an issue of law, (3) in providing the jury an incorrect definition of nighttime, and (4) in refusing to instruct on breaking and entering as a lesser included offense. We reverse and remand because we find merit in his third and fourth contentions.

The charge was based on the alleged burglary of the Kipton Prendergast farm…