State v. Wilt

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 by information with gambling and betting in violation of Iowa Code section 725.7, on grounds they

did unlawfully and willfully participate in…