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COMMONWEALTH v. BLUMENSTEIN

184 Pa.Super. 83 (1957)

Commonwealth v. Blumenstein, Appellant.

Superior Court of Pennsylvania.

June 22, 1957.

Attorney(s) appearing for the Case

Max Rosenn, with him William P. Farrell, James B. Gitlitz, and Rosenn, Jenkins & Greenwald, for appellant.

Ralph P. Needle, Assistant District Attorney, with him Carlon M. O'Malley, District Attorney, for appellee.

Blank, Rudenko & Klaus, submitted a brief, under Rule 46, for American Civil Liberties Union.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.

OPINION BY WRIGHT, J., June 22, 1957:

Martin Blumenstein was indicted by the grand jury in Lackawanna County on a charge of violating Section 528 of The Penal Code,1 which reads as follows: "Whoever gives or participates in, or being the owner of any premises, or having control thereof, permits within or on said premises, any dramatic, theatrical, operatic, or vaudeville exhibition, or the exhibition of fixed or moving pictures, of a lascivious...

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