Yesterday Seth "Dr. E." Many and Carolyn "Whammo" Peck of the Lewd Commune went to Middlesex County Superior Court to appeal their conviction for "open and gross lewdness," which carries a possible sentence of 30 days to three years. The judge took their motion under advisement.

Many and Peck contend that the law in question is unconstitutional, because it represents an establishment of religion, threatens the privacy of peaceful citizens, and deprives them of the rights to life, liberty and the pursuit of happiness.

It is expected that the judge will announce his decision next week. If he denies the motion, the case will then be tried by jury.

The defendants were accompanied by 60 friends of the Commune. When the court bailiffs tried to keep the group out of the courtroom. Peck and Many, acting as their own lawyers, demanded an open trial. After some dispute the to fight back to protect ourselves." "witnesses."

After the hearing, Many announced, "If the judge orders a jury trial, we hope to have a festival in court. Spontaneous, with our friends, like life should be. Because if some festivals are rewarded with jail sentences, we have to fight back, to protect ourselves."

The pair were convicted last April for sunbathing naked on the porch of the Commune, which is in a quiet residential part of Cambridge at 197 Lakeview Avenue.