State v. Wendling

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, 298 Minn. 402, 216 N. W. 2d 641 (1974), he did not have the clear notice of legislative proscription that Welke requires.

As this court stated in State v. Carlson, 298 Minn. 415, 416, 216 N. W. 2d 650, 651 (1974), decided the same day as Welke:

“* * * [W]e prefer to err, if at all, on the side of that fair notice vouchsafed in Welke. The…