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COMMONWEALTH v. FEIGENBAUM et al.

166 Pa.Super. 120 (1950)

Commonwealth, Appellant, v. Feigenbaum et al.

Superior Court of Pennsylvania.

January 12, 1950.

Attorney(s) appearing for the Case

John F. Kane, Assistant District Attorney, with him Franklin E. Barr, First Assistant District Attorney and John H. Maurer, District Attorney, for appellant.

Thomas D. McBride, with him Arthur Farmer, M. Phillip Freed and McBride, Lipschitz, Woolston, Berger & Bohlen, for appellees.

Before RHODES, P.J., DITHRICH, ROSS, ARNOLD and FINE, JJ. (HIRT and RENO, JJ., absent).

PER CURIAM, January 12, 1950:

The defendants were indicted under § 524 of The Penal Code of 1939 that they did "unlawfully exhibit and show a large number [of] . . . obscene, lewd, lascivious, filthy, indecent and disgusting books named [in the indictment]," and offered to sell the same, and did possess the same with intent to sell.

The district attorney1 agreed that the defendants be tried by the court below without a jury...

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