STATE v. HOCKER

No. 54398.

201 N.W.2d 74 (1972)

STATE of Iowa, Appellant, v. William HOCKER, Appellee.

Supreme Court of Iowa.

September 19, 1972.


Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Richard N. Winders, Asst. Atty. Gen., and Barry M. Anderson, Deputy County Atty., for appellant.

N. E. McManus, Keokuk, for appellee.


PER CURIAM:

Defendant, William Hocker, was charged with the crime of hunting by artificial light contrary to Code section 109.93. A jury found him not guilty and the trial court entered a judgment of acquittal. On the State's appeal we reverse. We do not remand as defendant has been in jeopardy. Code section 793.9.

The State contends trial court erred in giving instruction 10 to which timely specific objections were made. Instruction 10 was:

"It is...

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