COMMONWEALTH v. NISSENBAUM


404 Mass. 575 (1989)

536 N.E.2d 592

COMMONWEALTH vs. DAVID NISSENBAUM (and three companion cases).

Supreme Judicial Court of Massachusetts, Hampden.

April 12, 1989.


Attorney(s) appearing for the Case

John M. Thompson for the defendants.

Dianne M. Dillon, Assistant District Attorney, for the Commonwealth

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


O'CONNOR, J.

The defendants, husband and wife, were each found guilty of possession of marihuana with intent to distribute it unlawfully. David Nissenbaum was also convicted of unlawful cultivation of marihuana and unlawful possession of hashish. Both defendants appealed, asserting that the conduct for which they were convicted was undertaken solely for their religious purposes and thus was protected under art. 2 of the...

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