Commonwealth v. Zubiel

After a jury-waived trial, Matt H. Zubiel was convicted on four indictments alleging an attempt to disseminate matter harmful to a minor, under G. L. c. 272, § 28, and as defined in G. L. c. 272, § 31. He moved for required findings of not guilty at the close of the Commonwealth’s case and again at the close of the evidence. The motions were denied. Zubiel appealed from his convictions, and we transferred the case to this court on our own motion.

We are asked to decide whether Zubiel was entitled to required findings of not guilty on the ground that the definition of “matter,” as defined in G.…