HACK v. AUGER

No. 2-57507.

228 N.W.2d 42 (1975)

Neil Alfred HACK, Appellant, v. Calvin AUGER, Warden, Iowa State Men's Reformatory, Appellee.

Supreme Court of Iowa.

April 16, 1975.


Attorney(s) appearing for the Case

John C. Platt, Cedar Rapids, for appellant.

Richard C. Turner, Atty. Gen., Nancy J. Shimanek, Asst. Atty. Gen., and David Dutton, Black Hawk County Atty., for appellee.

Submitted to REYNOLDSON, Acting C. J., and MASON, LeGRAND, REES and McCORMICK, JJ.


LeGRAND, Justice.

This appeal presents the question whether our habitual criminal statute (§ 747.5, The Code) is unconstitutional under the equal protection provision of the 14th Amendment to the Constitution of the United States. We hold it is not, and we affirm the judgment.

Defendant was convicted of the crime of larceny of a motor vehicle in violation of § 321.82, The Code. He had been twice previously convicted of other crimes for which he had...

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