STATE v. BOLAND

No. 64826.

309 N.W.2d 438 (1981)

STATE of Iowa, Appellee, v. Raymond BOLAND, Appellant. STATE of Iowa, Appellee, v. Merle BOLAND, Appellant.

Supreme Court of Iowa.

August 26, 1981.


Attorney(s) appearing for the Case

James U. Mellick, Waukon, for appellants.

Thomas J. Miller, Atty. Gen., Richard L. Cleland and Thomas N. Martin, Asst. Attys. Gen., and Gary Mick, Asst. Clayton County Atty. for appellee.

Considered by REYNOLDSON, C. J., and UHLENHOPP, McGIVERIN, LARSON, and SCHULTZ, JJ.


McGIVERIN, Justice.

Raymond and Merle Boland challenge their convictions for possessing raccoons out of season in violation of section 109.38, The Code 1977. They contend that section 109.31, which placed the burden of persuasion on them to prove that the raccoons were lawfully taken outside of Iowa, violates their constitutional right to due process. We affirm.

On November 3, 1978, the Bolands were arrested on the Iowa side of the Mississippi River. They...

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