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STATE v. WEDELSTEDT

No. 1-56081.

213 N.W.2d 652 (1973)

STATE of Iowa, Appellee, v. Edward J. WEDELSTEDT et al., Appellants.

Supreme Court of Iowa.

December 19, 1973.

Attorney(s) appearing for the Case

Donald M. Reno, Jr., Champaign, Ill., and David D. Mitchell, Cedar Rapids, for appellants.

Richard C. Turner, Atty. Gen., Fred M. Haskins, Asst. Atty. Gen., and David Dutton, County Atty., for appellee.

Heard en banc.

MOORE, Chief Justice.

Defendants-appellants seek reversal of their lower court convictions for violation of Code section 725.3, an obscenity statute, first enacted in 1909. They assert the statute is unconstitutional due to vagueness and overbreadth. We agree.

As pertinent here section 725.3 provides:

"Any person who, as owner, manager, director, or agent, or in any other capacity, prepares, advertises, gives presents, or participates in any obscene...

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