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COMMONWEALTH v. GRANT

7 Mass. App. Ct. 203 (1979)

386 N.E.2d 1280

COMMONWEALTH vs. LARRY GRANT.

Appeals Court of Massachusetts, Suffolk.

March 15, 1979.

Attorney(s) appearing for the Case

Daniel G. Harrington (Regina L. Quinlan with him) for the defendant.

Clyde R.W. Garrigan, Special Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, BROWN, & KASS, JJ.

KASS, J.

Acting on the authority of Commonwealth v. Thureson, 371 Mass. 387 (1976), we are constrained to reverse the defendant's conviction under G.L.c. 272, § 29, which proscribes dissemination of obscene matter, knowing it to be obscene. On the record before us, we conclude that the Commonwealth did not carry its burden of proving that the defendant knew that the offensive act would be performed, or that it...

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