State v. Wein

The opinion of the court was delivered by

Handler, J.

The Court is called upon in this appeal to determine the sufficiency of an indictment charging the defendants Howard Wein and Philip Guarino, with the substantive crime of selling and distributing obscene motion picture films contrary to N.J.8.A. 2A:115-2 and with conspiracy to commit these criminal violations. The narrow issue presented is whether the count of the indictment charging defendants with the substantive crime under the obscenity statute is fatally defective for its failure to recite as an essential element of the offense…