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STATE v. KOOL

No. 272.

212 N.W.2d 518 (1973)

STATE of Iowa, Appellee, v. Martin Paul KOOL, Appellant.

Supreme Court of Iowa.

November 14, 1973.

Attorney(s) appearing for the Case

Korf, Diehl, Clayton & Cleverley and R. Eugene Knopf, Newton, for appellant.

Richard C. Turner, Atty. Gen., Fred M. Haskins, Asst. Atty. Gen., and Bruce J. Nuzum, Jasper County Atty., for appellee.

Heard before MOORE, C. J., and MASON, RAWLINGS, UHLENHOPP and McCORMICK, JJ.

UHLENHOPP, Justice.

The critical issue in this appeal is whether defendant's manner of displaying the American flag could reasonably be expected to produce a breach of the peace.

Defendant was charged with desecration of the flag in violation of § 32.1 of the Code. The parties stipulated in writing:

(a) That the defendant, on or about Christmas of 1969, hung an eight inch in diameter peace symbol made...

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