STATE v. GIBBS

No. 58075.

239 N.W.2d 866 (1976)

STATE of Iowa, Appellee, v. Soloman GIBBS, Appellant.

Supreme Court of Iowa.

March 17, 1976.


Attorney(s) appearing for the Case

Ulstad, Guinan & Cornell, Fort Dodge, for appellant.

Richard C. Turner, Atty. Gen., Thomas J. Mann, Jr., Asst. Atty. Gen., Des Moines and William J. Thatcher, County Atty., for appellee.

Heard by MOORE, C. J., and RAWLINGS, UHLENHOPP, REYNOLDSON, and McCORMICK, JJ.


REYNOLDSON, Justice.

Defendant appeals following his conviction for possession of a controlled substance, asserting the State should have been required to prove, as an element of the offense, that he did not have a valid prescription for the drugs found in his possession.

November 8, 1974, Fort Dodge police, executing a warrant, arrested defendant for assault and battery. Defendant was driven to the police headquarters...

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