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STATE v. PETERFESO

No. 41095.

169 N.W.2d 18 (1969)

STATE of Minnesota, Respondent, v. John A. PETERFESO, Appellant.

Supreme Court of Minnesota.

June 13, 1969.

Attorney(s) appearing for the Case

Ronald R. Notermann, Crystal, for appellant.

Douglas M. Head, Atty. Gen., St. Paul, Joseph P. Summers, City Atty., Daniel Klas, Asst. Corp. Counsel, St. Paul, for respondent.

OPINION

OTIS, Justice.

Defendant has been convicted of selling without a permit radio equipment capable of being used in a motor vehicle on a police emergency frequency. The only issue is the constitutionality of Minn.St. 626.63, subd. 2, under which defendant was prosecuted:

"No person shall transfer, barter, exchange or sell any radio equipment capable of being used in a motor vehicle on a police emergency frequency to any person unless the superintendent...

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