State v. Kroll

(dissenting) — I respectfully dissent.

The issue involved on the surface is whether certain bottles *182of whiskey should be returned to the claimant-appellant forthwith or whether they may be held pending trial of an indictment against claimant in which they are exhibits. Underneath the surface, however, is the force and effect of Article I, section 8, Constitution of Iowa, and section 751.23, Code of 1950. Also, according to the majority opinion, section 771.13, Code of 1950.

Article I, section 8, Constitution of Iowa, a part of the Bill of Rights, states: “The right of the people to be secure in…