Commonwealth v. Plank

This is another in a series of prosecutions relating to nude dancing at the Squire Club (club) in Revere. See Commonwealth v. Sees, 374 Mass. 532 (1978); Revere v. Aucella, 369 Mass. 138 (1975), appeal dismissed sub nom. Charger Invs., Inc. v. Corbett, 429 U.S. 877 (1976). The defendant, a dancer at the club, waived jury trial and was convicted under G. L. c. 272, § 29, of disseminating obscene matter. We hold that the evidence did not warrant a conclusion that the dance depicted sexual conduct in a "patently offensive” way, as required by G. L. c. 272, § 31. We therefore reverse the…