STATE v. WILT

No. 67991.

333 N.W.2d 457 (1983)

STATE of Iowa, Appellant, v. Michael Paul WILT, James Joseph Ryan, James Patrick Murphy, Lester Pickering, Dennis Donald Axel, Harding Hyde Ware, and John Dennis Spang, Appellees.

Supreme Court of Iowa.

April 20, 1983.


Attorney(s) appearing for the Case

Eugene J. Kopecky, County Atty., and John D. Standafer, Asst. County Atty., for appellant.

Francis C. Hoyt, Jr., Appellate Defender, and Fern S. Shupeck, Asst. Appellate Defender, for appellees.

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


REYNOLDSON, Chief Justice.

Upon the State's application we granted discretionary review to examine trial court's ruling that the lawful gambling exceptions of Iowa Code chapter 99B are elements of the offense upon which the prosecution bears the burden of disproof when prosecuting under Iowa Code section 725.7, our general criminal statute on gambling. We affirm in part, reverse in part, and remand for further proceedings.

The seven defendants were charged...

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