Commonwealth v. Dane Entertainment Services, Inc.

The defendant’s conviction under G. L. c. 272, § 29 (1984 ed.), of possessing an obscene film entitled “Sorority Sweethearts” with intent to disseminate it received a mixed review in the Appeals Court. Commonwealth v. Dane Entertainment Servs., Inc., 19 Mass. App. Ct. 573 (1985). Two Justices, with whom we agree, concluded that the conviction *198should be reversed because the judge failed to charge the jury that the context in which the film was shown should be considered in deciding whether it depicted “sexual conduct in a patently offensive way.” G. L. c. 272, § 31. A dissenting Justice…