State v. Harper

REYNOLDSON, Justice.

Defendant was charged with the crime of “bootlegging as defined in Section 123.59 of the 1971 Code of Iowa.” After trial resulting in a jury verdict of guilty, he was sentenced to imprisonment in Polk County jail for a term not to exceed 365 days. He appeals from this sentence and we reverse.

Leon Franklin Washington, a police officer from Davenport, was brought to Des Moines as an undercover agent. He testified that about 1:30 A.M. on Sunday, November 19,1972, he went into a residence at 1222-llth Street, Des Moines. The interior looked somewhat like a cafe. Defendant…