State v. Nielsen

CALLISTER, Justice:'

(dissenting).

The defendants rely heavily upon this court’s decision in State v. Musser 1 wherein it was held that the portion of 76-12-1 (5) relating to acts injurious “to public morals” was unconstitutional because it was vague and uncertain. In that case, the defendants had been convicted under the statute for teaching and advocating the; practice of polygamy. This court affirmed,, the conviction2 and an appeal was taken to the United States Supreme Court. Up *72to this point, the issue as to the vagueness and uncertainty of the statute had not been raised, although the…