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STATE v. FEFFER

41 N.J. 271 (1963)

196 A.2d 238

THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. IRVING FEFFER, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 16, 1963.

Attorney(s) appearing for the Case

Mr. Archibald Kreiger, Assistant Prosecutor, argued the cause for plaintiff-appellant (Mr. John G. Thevos, Passaic County Prosecutor, attorney).

Mr. Roger H. McGlynn argued the cause for defendant-respondent (Mr. Lawrence Diamond, attorney; Mr. Roger H. McGlynn, of counsel and on the brief).

PER CURIAM.

Defendant, a newsstand dealer, having waived trial by jury, was convicted of sale of obscene magazines to persons under the age of 18 years contrary to N.J.S. 2A:115-3.2. He appealed primarily on the ground that the magazines in question were not obscene. The Appellate Division, after examining the magazines, upheld defendant's contention and reversed the conviction. The matter is before this court on certification...

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