State v. Groetken

Supreme Court of Iowa

State v. Groetken

217 N.W.2d 254, 1974 Iowa Sup. LEXIS 1345

CourtSupreme Court of Iowa

DecidedApril 24, 1974

DocketNo. 55632

StatusPublished

This text of 217 N.W.2d 254 (State v. Groetken) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Groetken, 217 N.W.2d 254, 1974 Iowa Sup. LEXIS 1345 (iowa 1974).

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Opinion

PER CURIAM:

Defendant was charged by county attorney’s information with the crime of presenting obscene, indecent and immoral shows in violation of § 725.3, The Code, 1971. The jury returned a verdict of guilty and defendant’s subsequent motion for new trial was overruled. This appeal ensued. We reverse.

The judgment entered on the jury verdict was prior to our opinion in State v. Wedelstedt, which was filed December 19, 1973, and now appears at 213 N.W.2d 652. In Wedelstedt, we held § 725.3, The Code, did not pass constitutional muster for that it failed to follow the general guidelines enunciated in Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419, and the companion cases cited in Wedelstedt at page 654 of 213 N.W.2d. See also State of Iowa v. Kueny, 215 N.W.2d 215 (Iowa, filed February 20, 1974).

[255]*255We are not disposed to depart from the position taken by this court in State v. Wedelstedt, supra.

The case is therefore reversed but not remanded.

Reversed.

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PER CURIAM:

Defendant was charged by county attorney’s information with the crime of presenting obscene, indecent and immoral shows in violation of § 725.3, The Code, 1971. The jury returned a verdict of guilty and defendant’s subsequent motion for new trial was overruled. This appeal ensued. We reverse.

The judgment entered on the jury verdict was prior to our opinion in State v. Wedelstedt, which was filed December 19, 1973, and now appears at 213 N.W.2d 652. In Wedelstedt, we held § 725.3, The Code, did not pass constitutional muster for that it failed to follow the general guidelines enunciated in Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419, and the companion cases cited in Wedelstedt at page 654 of 213 N.W.2d. See also State of Iowa v. Kueny, 215 N.W.2d 215 (Iowa, filed February 20, 1974).

[255]*255We are not disposed to depart from the position taken by this court in State v. Wedelstedt, supra.

The case is therefore reversed but not remanded.

Reversed.

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217 N.W.2d 254, 1974 Iowa Sup. LEXIS 1345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-groetken-iowa-1974.

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