STATE v. MONROE

No. 57540.

236 N.W.2d 24 (1975)

STATE of Iowa, Appellee, v. Gary Allen MONROE, Appellant.

Supreme Court of Iowa.

November 24, 1975.


Attorney(s) appearing for the Case

Johnston, Penney & Goetz, Iowa City, for appellant.

Richard C. Turner, Atty. Gen., Earl W. Roberts, Asst. Atty. Gen., Des Moines, and James P. Hoffman, County Atty., Keokuk, for appellee.

En banc.


REES, Justice.

Defendant was charged by county attorney's information in Lee County with the crime of delivering a controlled substance, specifically, cocaine hydrochloride, allegedly a schedule II substance, as defined in § 204.401, The Code, 1973. The venue of the cause was changed to Henry County. Defendant demurred to the information, alleging the unconstitutionality of §§ 204.401 and 204.410, The Code, contending they proscribe two separate criminal...

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