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STATE v. HUDSON COUNTY NEWS CO.

78 N.J. Super. 327 (1963)

188 A.2d 444

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HUDSON COUNTY NEWS COMPANY, ETC., AND HUDSON COUNTY NEWS DEALERS SUPPLY COMPANY, ETC., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 1963.

Attorney(s) appearing for the Case

Mr. Roger H. McGlynn argued the cause for appellants (Messrs. McGlynn, Stein & McGlynn, attorneys; Mr. Julius Kass, of counsel).

Mr. Harold J. Ruvoldt, Assistant Prosecutor, argued the cause for respondent (Mr. Lawrence A. Whipple, Hudson County Prosecutor, attorney; Mr. William A. O'Brien, of counsel).

Before Judges PRICE, SULLIVAN and LEWIS.

The opinion of the court was delivered by SULLIVAN, J.A.D.

Defendants appeal from judgments of conviction for the possession and sale of obscene magazines. The judgments were based on five indictments, four of which charged defendants with sale and distribution, and the fifth charged defendants with possession with intent to utter. There were six magazines involved in the judgments of conviction.

The applicable statute is N.J.S. 2A:115-2:

"Any...

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