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STATE v. WEIN

80 N.J. 491 (1979)

404 A.2d 302

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. HOWARD A. WEIN AND PHILIP A. GUARINO, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 19, 1979.

Attorney(s) appearing for the Case

Ms. M. Geraldine O'Halloran, Assistant Essex County Prosecutor, argued the cause for appellant (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Donald S. Coburn, Essex County Prosecutor, of counsel).

Mr. Howard A. Wein and Mr. Philip A. Guarino appeared pro se.

The opinion of the court was delivered by HANDLER, J.

The Court is called upon in this appeal to determine the sufficiency of an indictment charging the defendants Howard Wein and Philip Guarino, with the substantive crime of selling and distributing obscene motion picture films contrary to N.J.S.A. 2A:115-2 and with conspiracy to commit these criminal violations. The narrow issue presented is whether the count of the indictment charging defendants with the...

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