Commonwealth v. Trainor

The individual defendant and the corporate defendant were found guilty in February, 1976, after a jury waived trial, on all counts of indictments charging them with having possession of obscene matter in June, 1975, with intent to disseminate it. While these appeals were progressing to this court,2 we decided three cases involving the obscenity statute which was enacted in June, 1974 (see St. 1974, c. 430), after this court’s holding in Commonwealth v. Horton, 365 Mass. 164 (1974), that our previous obscenity statute was unconstitutional. See Commonwealth v. 707 Main Corp., 371 Mass. 374…