State v. Gansz

SCHULTZ, Justice.

Dale Eugene Gansz appeals from his conviction of perjury in violation of Iowa Code section 720.2. Gansz alleges that the trial court erred in submitting a marshalling instruction which allowed the jury to find him guilty of an offense not charged in the trial information and that was barred by the statute of limitations. We hold the instruction was erroneous and prejudicial to Gansz. Therefore, we reverse and remand.

In December 1979 Gansz was charged with two counts of first degree murder. He was represented by two attorneys. Gansz had consistently told his attorneys that he…