An indictment under G. Ernest I. Rotenberg, Assistant District Attorney, for the Commonwealth, submitted a brief. The defendants were convicted for violations of G. The cases were tried without a jury and findings of guilty entered. The judge, being of opinion that the cases involved questions of law of such importance and doubt as to require the decision of this court, reported them, the defendants consenting. The relevant facts may be summarized from the report as follows.
Magazine World and Literature, Inc. The defendant Saba owned and operated Magazine World, and employed the defendant Dupont as a sales clerk. The defendant Girard was the manager of Literature, Inc.
James and Grenier were employees. The materials in question were on open racks toward the rear of the store,. On May 7, , the New Bedford police seized, pursuant to a search warrant, a quantity of books, magazines, and written materials, including the magazines "Esoteria" and "Shocker" from Literature, Inc. The defendant Girard was indicted for possession with intent to sell of obscene literature in violation of Section 28A, and for having displayed sado-masochistic material for sale to a child under eighteen, in violation of Section James at Literature, Inc.
Its purchase led to the indictment of St. James for sale, and possession with intent to sell, of obscene material in violation of Section 28A. On May 16, , Margaret E. She selected the magazine herself from a place at the rear of the store. As a result of this purchase, the defendant Grenier was indicted for sale of obscene material in violation of Section 28A, and Girard for possession with intent to sell of obscene material and for display for sale of sado-masochistic material to a child under eighteen.
On May 16, , John H. Dziuba selected the magazine "Naked Comics" from an open rack in Magazine World and purchased it from the defendant Dupont. This transaction led to the indictment of Dupont for sale of obscene material in violation of Section 28A, and an indictment of the defendant Saba for possession with intent to sell of obscene material in violation of Section 28A.
