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STATE v. HOLBROOK

No. 58450.

261 N.W.2d 480 (1978)

STATE of Iowa, Appellee, v. James Leo HOLBROOK, Appellant. STATE of Iowa, Appellee, v. Reaves Martin HOLBROOK, Appellant.

Supreme Court of Iowa.

January 18, 1978.

Attorney(s) appearing for the Case

Kinnamon, Kinnamon, Heintz & Russo, Cedar Rapids, for appellants.

Richard C. Turner, Atty. Gen., Mark S. Beckman, Asst. Atty. Gen., and David W. Newell, Muscatine County Atty., for appellee.

En banc.

UHLENHOPP, Justice.

This review of an Iowa Court of Appeals decision involves two problems in the consolidated prosecutions of defendants James Leo and Reaves Martin Holbrook on charges of delivery of a controlled substance, marijuana. Code 1975, § 204.401(1). James Leo Holbrook died during the pendency of the appeal and the action is abated ab initio as to him. State v. Bradley, 229 Iowa 92, 293 N.W. 858. We refer to Reaves Martin Holbrook as defendant...

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