Commonwealth v. Rosenberg

The central issue on appeal is whether the part owner and manager of Sam’s Spa, a neighborhood variety store in Everett, was properly convicted of knowingly disseminating obscene matter in violation of G. L. c. 272, § 29.

After a trial by jury, Nathan Rosenberg was found guilty of disseminating the May, 1976, issue of Hustler magazine, knowing it to be obscene. Rosenberg appealed from the denial of his motion for a directed verdict made at the close of the Commonwealth’s case, and we granted direct review on our own motion.

Rosenberg claims that the Commonwealth failed to produce sufficient…