City of Duluth v. Sarette

ROGOSHESKE, Justice.

Defendants were charged with six separate violations of Duluth City Code, § 34-12, which makes it unlawful for any person “ * * * knowingly to exhibit, sell, print, offer to sell, give away, circulate, publish * * * any obscene book, magazine, * * * motion picture film, * * * or other arti cle which is obscene.” 1 After summary trials to the county court, they were found guilty and fined $300 per violation. 2 Defendants appealed to a three-judge panel of the district court, challenging the constitutionality of the ordinance, denial of a jury trial, and the impartiality of…