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 charging the sale of obscene films was sufficient despite not expressly stating a scienter element, because the knowledge requirement was implied by the conspiracy count and the overall context. Accordingly, the court reversed the Appellate Division and reinstated the defendants' conviction on the substantive obscenity count.