COMMONWEALTH v. ROSENBERG


379 Mass. 334 (1979)

398 N.E.2d 451

COMMONWEALTH vs. NATHAN ROSENBERG.

Supreme Judicial Court of Massachusetts, Middlesex.

December 10, 1979.


Attorney(s) appearing for the Case

William P. Homans, Jr., for the defendant.

William L. Pardee, Assistant District Attorney, for the Commonwealth.

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


ABRAMS, J.

The central issue on appeal is whether the part owner and manager of Sam's Spa, a neighborhood variety store in Everett, was properly convicted of knowingly disseminating obscene matter in violation of G.L.c. 272, § 29.1

After a trial by jury, Nathan Rosenberg was found guilty of disseminating the May, 1976, issue of Hustler magazine, knowing it to be obscene.2 Rosenberg appealed from...

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