COMMONWEALTH v. STARK


365 Mass. 195 (1974)

310 N.E.2d 342

COMMONWEALTH vs. WAYNE T. STARK.

Supreme Judicial Court of Massachusetts, Hampshire.

April 26, 1974.


Attorney(s) appearing for the Case

Stephen W. Silverman for the defendant.

John M. Callahan, District Attorney, for the Commonwealth.

Present: TAURO, C.J., REARDON, HENNESSEY, KAPLAN, & WILKINS, JJ.


TAURO, C.J.

On June 22, 1970, the defendant was arrested and charged with violating G.L.c. 264, § 5, as amended by St. 1959, c. 59, § 4, to wit: treating contemptuously the flag of the United States. The defendant was tried, convicted and sentenced to two months in the house of correction, together with a fine of $100. His exception to the denial of his motion to dismiss is based, inter alia, on he contention that the statute is unconstitutionally vague...

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