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COMMONWEALTH v. BAER et al.

209 Pa.Super. 349 (1967)

Commonwealth v. Baer et al., Appellants.

Superior Court of Pennsylvania.

March 23, 1967.

Attorney(s) appearing for the Case

Perry J. Shertz and Mitchell Jenkins, with them Rosenn, Jenkins & Greenwald, for appellants.

Thomas E. Mack, District Attorney, with him Richard M. Goldberg, Assistant District Attorney, and Arthur L. Piccone, First Assistant District Attorney, for Commonwealth, appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

OPINION BY HOFFMAN, J., March 23, 1967:

Appellants Gerald Baer and Virgil Serafine operate tobacco and confectionery shops in the City of Wilkes-Barre. Each stocks a number of paperback books and magazines. In September of 1963, both men were charged with possessing with intent to sell and selling certain obscene publications in violation of the Act of June 24, 1939, P.L. 874, § 524, as amended, 18 P.S. ...

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