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STATE v. MANCHESTER NEWS CO.

No. 7894

118 N.H. 255 (1978)

THE STATE OF NEW HAMPSHIRE v. MANCHESTER NEWS COMPANY, INC.

Supreme Court of New Hampshire

April 25, 1978

Attorney(s) appearing for the Case

David H. Souter, attorney general, Mr. Richard B. Michaud, attorney, and Peter W. Heed, assistant attorney general (Mr. Heed orally), for the State.

Sheehan, Phinney, Bass & Green P. A., of Manchester (W. Michael Dunn orally), for the defendant.

BOIS, J.

Manchester News Company, Inc., of Bedford, New Hampshire, is a corporation engaged in the business of distributing periodicals to local dealerships in New Hampshire. In September 1976, an indictment was returned by the grand jury alleging that the defendant delivered the July 1976 issue of Penthouse to LUV Pharmacy, Inc., and that this issue of Penthouse was obscene. The defendant moved to dismiss the indictment on various grounds including...

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