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COMMONWEALTH v. JACOBS

346 Mass. 300 (1963)

191 N.E.2d 873

COMMONWEALTH vs. JACK JACOBS (and five companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

July 2, 1963.

Attorney(s) appearing for the Case

William P. Homans, Jr. (Harold Katz & Sumner Z. Kaplan with him) for the defendants.

Joseph R. Nolan, Assistant District Attorney (Newman A. Flanagan, Assistant District Attorney, with him), for the Commonwealth.

Reuben Goodman, James M. Harkless, & Daniel D. Levenson, for Civil Liberties Union of Massachusetts, amicus curiae, submitted a brief.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.

CUTTER, J.

The defendants were indicted for violation of G.L.c. 272, § 28A (as amended through St. 1959, c. 492, § 2),2 and § 28B (as amended through St. 1960, c. 311).3 Jacobs was the active manager of Interstate Newsdealers Supply, Inc. (Interstate).

Each count under § 28A charged the defendant with possession (Nos. 198, 200) for purposes...

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