STATE v. LUV PHARMACY, INC

No. 7895.

118 N.H. 398 (1978)

THE STATE OF NEW HAMPSHIRE v. LUV PHARMACY, INC. CURTIS CIRCULATION CO., INC. PENTHOUSE INTERNATIONAL, LTD.

Supreme Court of New Hampshire.

May 31, 1978.


Attorney(s) appearing for the Case

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

Devine, Millimet, Stahl & Branch, of Manchester (Joseph M. McDonough III orally), for the defendants.


BOIS, J.

Indictments were brought against the defendants for violation of the State obscenity statute, RSA 650:2. The defendants allegedly sold obscene material in that they sold the July 1976 issue of Penthouse magazine. On January 7, 1977, they filed pleas in abatement challenging the court's jurisdiction. Keller, C.J., made an interlocutory order on the pleas on April 19, 1977, and a final order denying the pleas on May 23, 1977. The defendants seasonably...

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