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CITY OF ST. LOUIS v. MUELLER

No. 29803.

313 S.W.2d 189 (1958)

CITY OF ST. LOUIS (Plaintiff), Appellant, v. Harry MUELLER (Defendant), Respondent.

St. Louis Court of Appeals, Missouri.

May 6, 1958.

Attorney(s) appearing for the Case

James V. Frank, City Counselor, Thomas F. McGuire, Associate City Counselor, James J. Gallagher, Asst. City Counselor, St. Louis, for appellant.

Herman D. Olian, Louis E. Zuckerman, St. Louis, for respondent.

ANDERSON, Judge.

This is an appeal by the City of St. Louis, as plaintiff, from an order and judgment of the St. Louis Court of Criminal Correction sustaining defendant's plea in abatement.

The defendant was charged in the St. Louis City Court with violation of Section 38 of Chapter 46 of the Revised Ordinances of the City of St. Louis. Said section provides: "Any person who shall, in this city, exhibit, sell or offer to sell any indecent or lewd book, picture...

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