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COMMONWEALTH v. COREY

351 Mass. 331 (1966)

221 N.E.2d 222

COMMONWEALTH vs. THOMAS COREY.

Supreme Judicial Court of Massachusetts, Suffolk.

November 3, 1966.

Attorney(s) appearing for the Case

John R. Hally for the defendant.

Joseph R. Nolan, Assistant District Attorney, for the Commonwealth.

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

SPALDING, J.

The defendant was convicted upon a complaint charging that on December 21, 1965, he "did sell to a person under the age of eighteen years, a book entitled `Candy,' which was obscene, indecent, and impure, and manifestly tending to corrupt the morals of youth." The statute on which the complaint was based is G.L.c. 272, § 28 (as amended through St. 1959, c. 492, § 1), the relevant portions of which are: "Whoever sells ... to a person under the...

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