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STATE v. MONTGOMERY

No. 58133.

243 N.W.2d 596 (1976)

STATE of Iowa, Appellee, v. James MONTGOMERY, Appellant.

Supreme Court of Iowa.

June 30, 1976.

Attorney(s) appearing for the Case

S. J. Petersen, Muscatine, for appellant.

Richard C. Turner, Atty. Gen., Raymond W. Sullins, Asst. Atty. Gen., Des Moines, and David W. Newell, County Atty., Muscatine, for appellee.

Submitted to REYNOLDSON, Acting C. J., and MASON, RAWLINGS, REES and HARRIS, JJ.

REES, Justice.

In this appeal defendant James Montgomery attempts to present for our determination two arguments against the constitutionality of § 204.410, The Code, 1973, as that statute existed at the time of his trial and conviction [before our decision in State v. Monroe, 236 N.W.2d 24 (Iowa 1975)]. We must affirm because he failed to raise in the trial court the issues he now asserts.

Defendant was charged...

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