State v. Lee

UHLENHOPP, Justice.

This criminal appeal involves defendant John Henry Lee’s motion to dismiss, predicated on the ground that the State failed to charge him in time.

On January 29, 1973, acting pursuant to a search warrant, Des Moines police officers searched defendant and found 48 packets of heroin in his pockets. They also found drugs and a plastic spoon in his sock and still more drugs, on a shelf in his room.

The next day the officers filed a preliminary information charging defendant with possession of heroin with intent to deliver and took him before a magistrate, a judge of the Des Moines…