Iowa Supreme Court holds that the crime of carrying weapons while intoxicated requires more than mere possession, but “carrying,” which is narrower than possessing. Hence a jury instruction which allows a jury to convict based on mere possession, actual or constructive, is erroneous.
Furthermore, the Court held that a jury cannot be instructed that the Defendant’s out of court statements can be considered to have the same weight as if made at the trial. Such is erroneous because the Defendant was not under oath when the out of court statements were made.