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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