COMMONWEALTH v. BLUMENSTEIN


396 Pa. 417 (1959)

Commonwealth v. Blumenstein, Appellant.

Supreme Court of Pennsylvania.

July 2, 1959.


Attorney(s) appearing for the Case

Max Rosenn, with him Rosenn, Jenkins & Greenwald, for appellant.

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

Edwin P. Rome, with him Morris L. Weisberg, and Julian E. Goldberg, for American Civil Liberties Union, under Rule 46.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.


OPINION BY MR. JUSTICE BOK, July 2, 1959:

This is an appeal, on allocatur, from the decision of the Superior Court affirming a conviction and sentence.

Defendant was the manager of a drive-in cinema theatre in Lackawanna County and was arrested by state officers for having shown certain films in October, 1956. He was indicted for having unlawfully exhibited obscene motion pictures under the Act of June 24, 1939, P...

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