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STATE v. CARLSON

Nos. 42278, 42279.

192 N.W.2d 421 (1971)

STATE of Minnesota, Respondent, v. Robert CARLSON, d. b. a. Discount Book and Magazine Store, and S. Peter Getman, Appellants.

Supreme Court of Minnesota.

Rehearing Denied January 2, 1972.

Attorney(s) appearing for the Case

Stacker, Silverstein, Burke & Radsom, St. Paul, for appellants.

Douglas M. Head, Atty. Gen., Richard H. Kyle, Sol. Gen., St. Paul, Thomas E. Plante, City Atty., Victor D. Ulmer, Asst. City Atty., Duluth, for respondent.

Heard before KNUTSON, C.J., and NELSON, MURPHY, ROGOSHESKE, and FRANK T. GALLAGHER, JJ. Reconsidered and decided on the record by the court en banc.

OPINION

NELSON, Justice.

Criminal proceedings for violation of Minn.St. 617.241 were brought against defendant-appellants, Robert Carlson and S. Peter Getman, by the State of Minnesota in the municipal court of Duluth. A jury found defendants guilty on 29 of 33 counts charging the distribution of obscene materials and the court sentenced each defendant to a maximum fine of $100 on each of the 29 counts on which he was convicted, or $2,900. Defendants obtained...

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