State v. Hutt

CARTER, Justice.

The defendant appeals from his conviction following bench trial of the offense of theft in the third degree in violation of Iowa Code section 714.1(4) (1981). He contends on appeal that (1) the State’s evidence was insufficient to prove a necessary element of the crime charged; (2) the trial court, acting as finder of fact, found that he had not possessed criminal intent, a finding which should have precluded the court from making a determination that defendant was guilty; and (3) Iowa Code section 714.1(4) is unconstitutionally vague in its definition of the phrase “to…