STATE v. DAVIS

No. 57395.

228 N.W.2d 67 (1975)

STATE of Iowa, Appellee, v. Jon Charles DAVIS, Appellant.

Supreme Court of Iowa.

April 16, 1975.


Attorney(s) appearing for the Case

Brierly, McCall & Girdner, Newton, for appellant.

Richard C. Turner, Atty. Gen., Nancy J. Shimanek, Asst. Atty. Gen., and Kenneth L. Whitehead, County Atty., for appellee.

Heard by MOORE, C. J., and MASON, LeGRAND, REYNOLDSON and HARRIS, JJ.


REYNOLDSON, Justice.

Defendant was charged with possession of a controlled substance, marijuana, in violation of § 204.401(3), The Code. A jury trial resulted in a guilty verdict. He appeals from a judgment fining him $500. We reverse and remand for a new trial.

At about 2:00 A.M. on March 2, 1974, officer Booth of the Newton, Iowa, police department observed defendant and several other persons proceeding noisily out of an alley and into the Green Gables...

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