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STATE v. IOWA DIST. COURT IN AND FOR LINN CTY.

No. 61662.

271 N.W.2d 704 (1978)

STATE of Iowa, Plaintiff, v. The IOWA DISTRICT COURT IN AND FOR LINN COUNTY and William R. Eads, District Judge, Defendant.

Supreme Court of Iowa.

November 22, 1978.

Attorney(s) appearing for the Case

Gerald J. Kucera, Cedar Rapids, for defendant.

Eugene J. Kopecky, County Atty. and Glenn Johnson, Asst. County Atty., for plaintiff.

Considered by REES, P. J., and UHLENHOPP, HARRIS, ALLBEE and LARSON, JJ.

HARRIS, Justice.

We granted certiorari to test a district court adjudication on a point of law relating to the Iowa criminal code. Upon review we determine that, because a substantial factual controversy underlies the question, it is inappropriate to adjudicate the point. We therefore sustain the writ.

Julie Ann Rhodes (Rhodes) was charged by county attorney's information with delivery of a controlled substance (marijuana) to D. E. Willard, a member of the...

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