Commonwealth v. Mascolo

The individual and corporate defendants were convicted at a jury trial of violating G. L. c. 272, §§ 29 and 31, for the knowing dissemination of an allegedly obscene film entitled "Autobiography of a Flea,” and have appealed under G. L. c. 278, §§ 33A-33G. We reverse because of the failure of the trial judge to give certain instructions to the jury.

The defendants claim that the trial judge erred (1) in denying their motions to dismiss and for directed verdicts at the close of the Commonwealth’s case and at the conclusion of all the evidence; (2) in refusing to give certain of their requested…