State v. Nelson

I respectfully dissent.

Study of the record in this case, the statute involved, our prior interpretation and the decisions of other appellate courts dealing with obscenity and indecency, all convince me that an essential element of the crime charged is missing in this case. The case involves basic rights of the public at large and of the individuals involved. Therefore the reasons for the dissent should be given.

*443I.All crimes in this State are statutory. The common law may be referred to for purposes of definition but common law crimes are not recognized. Estes v. Carter, (1860) 10 Iowa 400;…