State v. Furnald

REYNOLDSON, Justice.

The question this appeal presents is whether the crime of “criminal trespass,” §§ 729.1 and 729.2, The Code, 1975, is a lesser included offense of the crime of breaking and entering, defined in § 708.8, The Code, 1975.

The State’s evidence disclosed on April 8, 1976, old, rural “Hake’s School” in Appa-noose County was owned by Richard Gardner who used it for storage in his business of selling carpets, furnaces and air conditioners.

In late afternoon of that day Gardner’s daughter attempted to enter the schoolhouse door and found it padlocked. After dark at about 8:00 p. m.…