STATE v. SMITH

No. 55880.

219 N.W.2d 655 (1974)

STATE of Iowa, Appellee, v. Marva Ann SMITH, Appellant.

Supreme Court of Iowa.

June 26, 1974.


Attorney(s) appearing for the Case

John P. Roehrick, Des Moines, for appellant.

Richard C. Turner, Atty. Gen., Fred M. Haskins, Asst. Atty. Gen., and Ray A. Fenton, County Atty., for appellee.

Heard before MOORE, C.J., and MASON, REES, REYNOLDSON and McCORMICK, JJ.


REYNOLDSON, Justice.

In this appeal we must decide whether a heroin addict should be permitted to set up her addiction as a defense to a charge of possession of a controlled substance (violation of what is now § 204.401 (3), The Code, 1973).

The facts are not in dispute. Defendant was arrested on a traffic charge warrant. In a police station search incident to the booking procedures, heroin and drug-use paraphernalia were found in her possession.

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