State v. WendlingAnnotate this Case
217 N.W.2d 768 (1974)
STATE of Minnesota, Respondent, v. LeRoy WENDLING, Appellant.
Supreme Court of Minnesota.
April 26, 1974.
Robert J. Milavetz, Minneapolis, for appellant.
Warren Spannaus, Atty. Gen., St. Paul, Gary Flakne, County Atty., Keith M. Stidd, City Atty., Edward C. Vavreck, Asst. City Atty., Minneapolis, for respondent.
Heard before OTIS, MacLAUGHLIN, and YETKA, JJ., and considered and decided by the court.
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, Minn., 216 N.W.2d 641, filed March 1, 1974, he did not have the clear notice of legislative proscription that Welke requires.
This rationale is also applicable to the case at bar.
Our decision on the above issue makes it unnecessary to consider the other assignments of error raised by defendant in this appeal.
Reversed with directions to dismiss the complaint.