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STATE v. OSMUNDSON

No. 58716.

241 N.W.2d 892 (1976)

STATE of Iowa, Appellee, v. Lynn William OSMUNDSON, Appellant.

Supreme Court of Iowa.

May 19, 1976.

Attorney(s) appearing for the Case

Reynolds, Nutty, Smith & Sharp, Ames, for appellant.

Richard C. Turner, Atty. Gen., David L. Brown, Asst. Atty. Gen., and Ruth R. Harkin, County Atty., for appellee.

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

UHLENHOPP, Justice.

In this appeal we review rulings of the trial court made in a prosecution for delivery of a controlled substance. § 204.401(1), Code 1975.

I. The first paragraph of the trial court's two-paragraph instruction on reasonable doubt was in usual form, but the second paragraph stated:

If the State's evidence establishes the guilt of the defendant to a moral certainty in your minds, to such a certainty as you would act upon in a...

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