State of New Jersey, Plaintiff-Appellant v. Howard A. Wein and Philip A. Guarino, Defendants-Respondents

Summary

The Supreme Court of New Jersey held that the indictment’s substantive obscenity count was not fatally deficient for failing to expressly state scienter, because the knowledge element was implicitly conveyed by the conspiracy count and the overall context of the indictment; thus the conviction was reinstated. Justice Pashman concurred, emphasizing that this result should not be read as establishing a blanket totality‑of‑facts approach for all multi‑count indictments.