STATE v. WARREN

No. 55788.

216 N.W.2d 326 (1974)

STATE of Iowa, Appellant, v. Gordon K. WARREN, Appellee.

Supreme Court of Iowa.

March 27, 1974.


Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Asher E. Schroeder, Sp. Asst. Atty. Gen., and Robert W. Goodwin, Asst. Atty. Gen., Iowa State Highway Commission, for appellant.

R. M. O'Bryon, Marshalltown for appellee.

Heard before MOORE, C. J., and MASON, LeGRAND, UHLENHOPP and REYNOLDSON, JJ.


PER CURIAM:

Defendant was charged with violating § 321.463, The Code, 1971, in that his vehicle was overweight on two axles. The State asserted these axles were "tandem axles" and permitted only a three percent tolerance over maximum weight; defendant contended they were a "group of axles" entitled to an eight percent tolerance.

Defendant filed a demurrer claiming the provisions of § 321.463 relating to "tandem axles" and "group of axles" were so...

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