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GOGUEN v. SMITH

No. 72-1204.

471 F.2d 88 (1972)

Valarie GOGUEN, Petitioner-Appellee, v. Joseph SMITH, Sheriff of Worcester County, Respondent-Appellant.

United States Court of Appeals, First Circuit.

Decided December 14, 1972.

Attorney(s) appearing for the Case

Charles E. Chase, Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., and John J. Irwin, Jr., Asst. Atty. Gen., Chief, Criminal Division, were on brief, for appellant.

Evan T. Lawson, Boston, Mass., with whom C. Michael Malm, Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE, Circuit Judge, and HAMLEY, Senior Circuit Judge.

COFFIN, Chief Judge.

Appellee was sentenced to six months in the House of Correction after having been convicted by a jury in a Massachusetts Superior Court1 for "publicly treat[ing] contemptuously the flag of the United States", in violation of Mass.Gen.Laws ch. 264 § 5.2 The treatment found contemptuous consisted of appellee appearing in the business district of Leominster, displaying a small cloth American...

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