STATE v. KUCERA

No. 58756.

244 N.W.2d 571 (1976)

STATE of Iowa, Appellee, v. Gerald David KUCERA, Appellant.

Supreme Court of Iowa.

July 30, 1976.


Attorney(s) appearing for the Case

Jerald W. Kinnamon, Cedar Rapids, and J. Eric Heintz, Iowa City, for appellant.

Richard C. Turner, Atty. Gen., Raymond W. Sullins, Asst. Atty. Gen., Des Moines, and Eugene J. Kopecky, County Atty., Cedar Rapids, for appellee.

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


REES, Justice.

Defendant was charged by county attorney's information with the crime of delivery of a controlled substance, to-wit: two pounds of marijuana, in violation of § 204.401(1), The Code, 1975. He demurred to the information, claiming constitutional deficiencies in the statutory scheme embodied in Code sections 204.401 and 204.410. Defendant's demurrer was overruled. Trial to a jury resulted in a verdict of guilty, following which defendant moved for...

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