STATE v. HORTON

No. 57324.

231 N.W.2d 36 (1975)

STATE of Iowa, Appellee, v. Calvin Thomas HORTON, III, Appellant.

Supreme Court of Iowa.

June 25, 1975.


Attorney(s) appearing for the Case

Walter W. Rothschild, P.C., Waterloo, for appellant.

Richard C. Turner, Atty. Gen., Darby Maria Coriden, Asst. Atty. Gen., and Robert L. Rausch, Asst. County Atty., for appellee.

Considered en banc.


REYNOLDSON, Justice.

On February 3, 1974, members of the Waterloo police department executed a search warrant at defendant's Cedar Falls home. While the warrant specified heroin (see § 751.5, The Code), the only controlled substance found was a quantity of marijuana. The search also produced a kilo scale, two "dime bags" and some "nickel bags" of marijuana, a plastic bag of "poorly manicured" marijuana, germinating marijuana seeds, a mortar and pestle, and other...

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