State v. Oppedal

REES, Justice.

Defendant, charged by county attorney’s information with the crime of possession of a controlled substance, to-wit, marijuana, with intent to deliver in violation of section 204.401(1), The Code, 1963, pleaded not guilty, was tried to a jury, convicted, sentenced and now appeals. We reverse and remand for new trial.

During the early afternoon of March 27, 1974 Officers Johnson, Leitzke and Pomer-oy of the Metropolitan Area Narcotics Squad of Des Moines were conducting a warranted search of an apartment at 1618 East Twelfth Street in Des Moines. The apartment was shared by…