State v. Boyken

REYNOLDSON, Justice.

This defendant was convicted of the crime of larceny of property exceeding $20 in value. See §§ 709.1, 709.2, The Code. Following his sentence to serve not to exceed five years in the Ft. Madison penitentiary, he appeals. We reverse the judgment.

Defendant was observed while taking 31 records from the shelf of the J. C. Penney store in Burlington. He placed them un der his coat and hurried from the building. Store employees who pursued defendant stopped him on the street and he was ultimately arrested and brought to trial.

At trial defendant rested at the close of State’s…