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STATE of Iowa, Appellee, v. Merlin Joseph FRANK, Appellant.

LeGRAND, Justice.

Defendant concedes the issues raised by this appeal were recently decided in State v. Vietor, 208 N.W.2d 894 (Iowa 1973). If he is to succeed here, we must overrule that decision. He asks us to do so and to hold section 204.410, The Code, unconstitutional. Since we decline to reconsider that case, the judgment is affirmed. See Rule 348.1, Rules of Civil Procedure.

Affirmed.

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STATE v. FRANK
(Feb 20, 1974)