Horn v. Haugh

HARRIS, Justice.

In a postconviction proceeding brought under chapter 663A, The Code, petitioner challenges his conviction of selling a narcotic drug in violation of section 204.2, The Code, 1966. His challenge attacks the constitutionality of section 204.18, The Code, 1966. That section placed on the accused the burden of proof to show any exception, excuse, proviso or exemption under the Uniform Narcotic Drug Act (since repealed). Although petitioner did not raise or suggest any such exception at his trial, he challenged his conviction on the basis of Stump v. Bennett, 398 F.2d 111 (8 Cir.…