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STATE v. LEONARD

No. 50891.

124 N.W.2d 429 (1963)

STATE of Iowa, Appellee, v. Gilbert LEONARD, Appellant.

Supreme Court of Iowa.

November 12, 1963.

Attorney(s) appearing for the Case

K. L. Kober, Waterloo, for appellant.

Evan L. Hultman, Atty. Gen., Walter L. Saur, Fayette County Atty., and J. G. Johnson, Asst. County Atty., for appellee.

STUART, Justice.

Defendant was convicted of violating section 728.1 of the 1958 Code of Iowa, I.C.A., which provides:

"If any person publicly use blasphemous or obscene language, to the disturbance of the public peace and quiet, he shall be imprisoned in the county jail not exceeding thirty days, or be fined not exceeding one hundred dollars."

In view of the trial court's findings, the evidence must be viewed in the light most favorable to the state...

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