CITY OF ROCHESTER v. CARLSON

No. 42510.

202 N.W.2d 632 (1972)

CITY OF ROCHESTER, Respondent, v. Robert O. CARLSON, Appellant.

Supreme Court of Minnesota.

November 10, 1972.


Attorney(s) appearing for the Case

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

Warren Spannaus, Atty. Gen., St. Paul, Gerald H. Swanson, City Atty., Richard Bins, Asst. City Atty., Rochester, for respondent.

Considered and decided on the record by the court en banc.


OPINION

OTIS, Justice.

Defendant has been convicted in Olmsted County District Court of possessing with intent to sell three magazines found to be obscene in violation of Rochester City Ordinance, § 200.080. He was sentenced to serve a term of 90 days. The trial court held as a matter of law that the material was not obscene but submitted the issue of pandering to the jury, which found defendant guilty. In the absence of a finding of obscenity...

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