State v. Sangster

McCORMICK, Justice.

Defendant William E. Sangster appeals his conviction by jury and sentence for burglary in the second degree in violation of section 713.3, The Code. He challenges the sufficiency of the evidence and the refusal of the trial court to submit trespass as a lesser included offense. We reverse and remand on the lesser included offense issue.

I. Sufficiency of the evidence. Defendant moved for directed verdict at the close of the evidence. He alleged the evidence was insufficient to permit submission of the case to the jury. The trial court overruled the motion, and defendant…