HORN v. HAUGH

No. 55891.

209 N.W.2d 119 (1973)

Douglas L. HORN, Appellant, v. Charles HAUGH, Warden, Appellee.

Supreme Court of Iowa.

July 3, 1973.


Attorney(s) appearing for the Case

John C. Platt and Jon M. Kinnamon, Cedar Rapids, for appellant.

Richard C. Turner, Atty. Gen., Fred M. Haskins, Asst. Atty. Gen., and William G. Faches, County Atty., for appellee.

Submitted to MOORE, C. J., and RAWLINGS, LeGRAND, REYNOLDSON and HARRIS, JJ.


HARRIS, Justice.

In a postconviction proceeding brought under chapter 663A, The Code, petitioner challenges his conviction of selling a narcotic drug in violation of section 204.2, The Code, 1966. His challenge attacks the constitutionality of section 204.18, The Code, 1966. That section placed on the accused the burden of proof to show any exception, excuse, proviso or exemption under the Uniform Narcotic Drug Act (since repealed). Although petitioner did not raise...

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