REES, Justice.
Defendant was charged by preliminary information signed by one Otto R. Donath filed in Municipal Court of Dubuque with having committed adultery with Ellen Donath, wife of informant. Subsequently appellant was indicted by the Dubuque county grand jury and pleaded not guilty. He then filed motion to dismiss based on grounds section 702.1, Code, 1966, is unconstitutional for: (1) said statute is an unlawful delegation by the legislature of exclusive authority...
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