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STATE v. VIETOR

No. 55897.

208 N.W.2d 894 (1973)

STATE of Iowa, Petitioner, v. Honorable Harold D. VIETOR, Judge of the 6th Judicial District of Iowa, Respondent.

Supreme Court of Iowa.

Rehearing Denied September 13, 1973.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Raymond W. Sullins, Asst. Atty. Gen., Thomas M. Martin, Asst. County Atty., for petitioner.

John W. Hayek, Joseph C. Johnston and Preston M. Penney, Iowa City, for respondent.

Considered en banc.

MOORE, Chief Justice.

This is an original certiorari proceeding instituted by the State challenging the legality of respondent Judge's ruling construing two sections of the Iowa Controlled Substance Act, enacted by the Sixty-Fourth General Assembly in 1971. We sustain the writ.

On September 19, 1972 county attorney's informations were filed in Johnson County District Court charging Jeffrey Lenox Kint (No. 5739)...

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