COMMONWEALTH v. ZONE BOOK, INC.


372 Mass. 366 (1977)

361 N.E.2d 1239

COMMONWEALTH vs. ZONE BOOK, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

April 13, 1977.


Attorney(s) appearing for the Case

Daniel J. O'Connell for the defendant.

Kevin F. O'Donnell, Assistant District Attorney, for the Commonwealth.

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


HENNESSEY, C.J.

The Commonwealth prosecuted the defendant on two complaints charging possession of obscene magazines with intent to distribute them in violation of G.L.c. 272, § 29. The defendant filed motions to dismiss the complaints, alleging that the matter possessed constituted books, not magazines, so that the Commonwealth's actions pursuant to § 29 were premature. General Laws c. 272, § 28I, requires as a condition precedent to proceedings

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