Opinion
Robert C. Nelson, Cedar Rapids, for appellant.
Lawrence F. Scalise, Atty. Gen., and Don R. Bennett, Asst. Atty. Gen., for appellee.
PER CURIAM.
Defendant was charged by indictment with the crime of breaking and entering a grocery store at Springville with intent to commit larceny therein in violation of section 708.8, Code 1962. He entered a plea of not guilty, was tried before court and jury, found guilty and sentenced to an indeterminate term not exceeding ten years in the men's penitentiary at Fort Madison. Defendant's appeal was submitted to us upon a complete transcript of all proceedings in the trial court, including a transcript of the testimony at the trial and the court's instructions to the jury.
The court appointed three different attorneys to assist defendant at the trial and with the appeal, only one of whom acted at any one time. At the request of defendant or his counsel the trial was continued at different times. While defendant was at liberty on bail awaiting disposition of his case he was tried and convicted of another felony and charged with yet a third felony in another county. At one time defendant told the court he believed he would be willing to plead guilty if another judge of the court were to preside.
The evidence at the trial disclosed that defendant at night forcibly broke and entered the store and stole therefrom cigarettes valued at more than $1000 and more than that sum in cash. There is ample evidence of guilt. No evidence for defendant was offered.
This record reveals no error and that defendant had a fair trial. The judgment is accordingly
Affirmed.