STATE v. WENDLING

No. 44134.

217 N.W.2d 768 (1974)

STATE of Minnesota, Respondent, v. LeRoy WENDLING, Appellant.

Supreme Court of Minnesota.

April 26, 1974.


Attorney(s) appearing for the Case

Robert J. Milavetz, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Gary Flakne, County Atty., Keith M. Stidd, City Atty., Edward C. Vavreck, Asst. City Atty., Minneapolis, for respondent.

Heard before OTIS, MacLAUGHLIN, and YETKA, JJ., and considered and decided by the court.


PER CURIAM.

Defendant was convicted of exhibiting obscene materials in violation of the obscenity ordinance of the city of Minneapolis, Minneapolis Code of Ordinances, § 870.080.

Since the alleged criminal acts of defendant took place before our decision in State v. Welke, Minn., 216 N.W.2d 641, filed March 1, 1974, he did not have the clear notice of legislative proscription that Welke requires.

As this court...

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