REES, Justice.
Defendant was charged by grand jury indictment with larceny in the nighttime in violation of section 709.4, Code, 1966. After the entry of a plea of not guilty defendant was tried to a jury and found guilty, and after his motion for new trial was overruled judgment was entered on the verdict and defendant was sentenced to be imprisoned in the state penitentiary. Defendant appeals, asserting error in the court's overruling defendant's pre-trial motion...
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