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STATE v. McGUIRE

No. 54810.

200 N.W.2d 832 (1972)

STATE of Iowa, Appellee, v. Manvel Craig McGUIRE, Appellant.

Supreme Court of Iowa.

September 19, 1972.

Attorney(s) appearing for the Case

J. Jane Fox, Iowa City, for appellant.

Richard C. Turner, Atty. Gen., Richard N. Winders, Asst. Atty. Gen., and Ray Fenton, County Atty., for appellee.

LeGRAND, Justice.

Defendant was charged with simulating intoxication in violation of section 123.42, The Code. Trial to the court resulted in a finding of guilt. Defendant appeals and we reverse.

Section 123.42 is here set out in full:

"It is hereby made unlawful for any person to use or consume any alcoholic liquors upon the public streets or highways, or in any public place, except premises covered by a liquor control license, and no person shall...

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