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COMMONWEALTH v. BEAN

435 Mass. 708 (2002)

COMMONWEALTH v. JOHN C. BEAN.

Supreme Judicial Court of Massachusetts, Franklin.

January 28, 2002.

Attorney(s) appearing for the Case

Benjamin H. Keehn, Committee for Public Counsel Services, for the defendant.

Steven Greenbaum, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

CORDY, J.

After a jury-waived trial, John C. Bean was convicted of posing a fifteen year old girl for photographs with her breast exposed in violation of G. L. c. 272, § 29A (a).1 On appeal, he claims that the evidence was insufficient to support the conviction or, in the alternative, that a conviction based on the facts adduced at trial would violate the First Amendment to the United States Constitution and art. 16 of the...

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