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COMMONWEALTH v. DORIUS

343 Mass. 533 (1962)

179 N.E.2d 885

COMMONWEALTH vs. JOEL R. DORIUS.

Supreme Judicial Court of Massachusetts, Hampshire.

January 26, 1962.

February 5, 1962.

Attorney(s) appearing for the Case

William P. Homans, Jr., for the defendant.

Edward J. McCormack, Jr., Attorney General, Leo Sontag, Assistant Attorney General, Sanford Keedy, District Attorney, Oscar Grife, Assistant District Attorney, & Joseph A. Laurano, Assistant District Attorney, for the Commonwealth, submitted briefs.

Reuben Goodman, James M. Harkless, & Daniel D. Levenson, by leave of court, submitted a brief as amici curiae.

Present: WILKINS, C.J., WILLIAMS, WHITTEMORE, CUTTER, & SPIEGEL, JJ.

WILKINS, C.J.

This complaint under G.L.c. 272, § 28A, as amended by St. 1959, c. 492, § 2, charges the defendant with unlawfully having in his possession certain obscene pictures and other things for the purpose of exhibition, loan, and circulation. After conviction in the District Court of Hampshire he appealed to the Superior Court. There he was tried by a judge sitting without jury, and was found guilty on October 11, 1960. On October 27 he

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