Commonwealth v. Jacobs

The defendants were indicted for violation of G. L. c. 272, § 28A (as amended through St. 1959, c. 492, § 2), 2 and § 28B (as amended through St. 1960, c. 311). 3 Jacobs was the active manager of Interstate Newsdealers Supply, Inc. (Interstate).

Each count under § 28A charged the defendant with possession (Nos. 198, 200) for purposes of sale of a particular pamphlet, or with importation (Nos. 199, 201) of a particular pamphlet. Each count under § 28B charged that the defendant on a stated date in October or November, 1960, “being a wholesale distributor, did . . . deliver to one . . . Baker, a…