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STATE v. RIVERA

No. 52441.

149 N.W.2d 127 (1967)

STATE of Iowa, Appellant, v. Larry M. RIVERA, Appellee.

Supreme Court of Iowa.

March 7, 1967.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Gerald R. Ralph and Joseph W. Zeller, Asst. Attys. Gen., and Ray Yarham, Atlantic, County Atty., for appellant.

Harold DeKay, Atlantic, for appellee.

BECKER, Justice.

Defendant was accused of prohibited passing in violation of Section 321.304(3), Code, 1966, in that he "did overtake and pass another motor vehicle where yellow line and sign were so placed to prohibit same contrary to the statutes." He moved to dismiss on the ground that Section 321.304(3) constitutes an unconstitutional delegation of power. The court sustained the motion. The state appeals. The pertinent Code sections are:

"321.304. Prohibited...

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