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WILLIAMS v. OSMUNDSON

No. 62354.

281 N.W.2d 622 (1979)

Roy WILLIAMS, Charles Hodges, Rufus Lea, Danny Morgan, John Pledge, Edward Williams, and Shawn Franklin, Plaintiffs, v. Honorable Robert OSMUNDSON, Judge, Sixth Judicial District of Iowa, and Iowa District Court, Linn County, Defendants.

Supreme Court of Iowa.

July 25, 1979.

Attorney(s) appearing for the Case

Lloyd E. Humphreys and Michael S. Vestle of Humphreys & Associates, Cedar Rapids, for plaintiffs Williams, Hodges, Pledge, Williams and Franklin.

Henry E. Nathanson, Cedar Rapids, for plaintiff Lea.

R. Fred Dumbaugh of Dumbaugh, Booth, Gross & Chapman, Cedar Rapids, for plaintiff Morgan.

Susan L. Weller, Asst. Linn County Atty., for defendants.

Considered en banc.

UHLENHOPP, Justice.

Plaintiffs sought a writ of certiorari in this court to challenge the district court's refusal to dismiss riot charges under section 723.1, The Code 1979. We granted a writ. In district court plaintiffs had sought dismissal of the charges on the ground that section 723.1 is unconstitutionally vague and overbroad and creates an irrational and arbitrary statutory presumption.

Our scope of review is an independent evaluation of the totality...

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