State v. Social Hygiene, Inc.

SNELL, Justice.

The State has appealed from the judgment of the municipal court of Cedar Falls sustaining defendant’s demurrer and motion to quash an information charging violation of section 725.5, Code of Iowa by “offering for sale by vending machine articles or things designed or intended to prevent conception.”

Neither the wisdom of the statute nor the authority of the legislature to proscribe by constitutionally enacted legislation is involved. The challenge is to the method of original enactment and the form of the statute.

Section 725.5 of our Code provides:

“Obscene literature — articles…