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ATTORNEY GENERAL v. "SERENADE"

326 Mass. 324 (1950)

94 N.E.2d 259

ATTORNEY GENERAL vs. THE BOOK NAMED "SERENADE."

Supreme Judicial Court of Massachusetts, Suffolk.

September 12, 1950.

Attorney(s) appearing for the Case

L.E. Ryan, (J.J. Bresnahan, Assistant Attorney General, & J.J. Kelleher with him,) for the petitioner.

A.E. Farmer of New York, (R.W. Meserve & J.B. Ullman with him,) for Alfred A. Knopf, Inc., and another.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, SPALDING, WILLIAMS, & COUNIHAN, JJ.

SPALDING, J.

This is a petition in equity brought by the Attorney General under G.L. (Ter. Ed.) c. 272, §§ 28C-28G, as inserted by St. 1945, c. 278, § 1, seeking an adjudication that the novel "Serenade" by James M. Cain is obscene, indecent, or impure. It is conceded in the answer that the book was being sold and distributed in the Commonwealth. The judge made findings of fact and concluded that the book did not offend against the statute, and from...

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