COMMONWEALTH v. HORTON


365 Mass. 164 (1974)

310 N.E.2d 316

COMMONWEALTH vs. GEORGE C. HORTON (and a companion case).

Supreme Judicial Court of Massachusetts, Norfolk.

April 23, 1974.


Attorney(s) appearing for the Case

Alvin Pudlin of Connecticut (Leonard R. Skvirsky with him) for the defendants.

John P. Connor, Jr., Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.


WILKINS, J.

The defendant Horton, an employee in a Quincy bookstore, was indicted for the sale in August, 1971, of "certain obscene and impure magazines entitled `Love Theme' and `Young Stuff.'" The defendant O'Brien, the owner of the bookstore, was indicted on the same day for possession of "certain obscene, indecent, or impure magazines ... [the same magazines] with intent to sell [them]." The cases were tried together in May, 1972, and the defendants were found...

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