MARZEN v. KLOUSIA

No. 66101.

316 N.W.2d 688 (1982)

Ralph James MARZEN, Appellee, v. John KLOUSIA, Franklin County Magistrate Appellant.

Supreme Court of Iowa.

Rehearing Denied April 14, 1982.


Attorney(s) appearing for the Case

Michael J. Cross of Coonley & Coonley, Hampton, for appellant.

Philip F. DeMoss, Sheffield, for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, UHLENHOPP, McCORMICK, and McGIVERIN, JJ.


McGIVERIN, Justice.

This case raises the issue of whether Iowa R.Crim.P. 45 is constitutional under Iowa Const.Art. I, § 11. We find that it is.

On June 7, 1980, plaintiff Ralph James Marzen was charged with reckless driving in violation of a section of the city code of Hampton. That code also provided that reckless driving is a simple misdemeanor punishable by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days...

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