Educational Books, Inc. v. Commonwealth

Tried by a jury under a nine-count indictment charging sales of obscene magazines in violation of Code §§ 18.2-374 1 and 18.2- 381, 2 Educational Books, Inc. (the store), was found guilty as charged, with punishment fixed at a fine of $1,000 for each of the nine offenses. The trial court entered judgment on the verdict.

On appeal, the store does not challenge the finding that it made sales of obscene magazines. In view of the undisputed evidence that the nine magazines were purchased in only two transactions, however, the store contends, as it did below, that seven of the nine convictions…