COMMONWEALTH v. LaBELLA


364 Mass. 550 (1974)

306 N.E.2d 813

COMMONWEALTH vs. PETER LaBELLA. Middlesex.

Supreme Judicial Court of Massachusetts.

February 4, 1974.


Attorney(s) appearing for the Case

Robert A. Stanziani for the defendant.

Terence M. Troyer, Assistant District Attorney, for the Commonwealth.

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


BRAUCHER, J.

The defendant was convicted of committing an unnatural and lascivious act and was sentenced to a house of correction for two and one-half years.1 G.L.c. 272, § 35. He appeals pursuant to G.L.c. 278, §§ 33A-33G, asserting (1) that there was error in the judge's failure to instruct the jury to take contemporary standards into account, and (2) that the governing statute is "overly broad" because it covers the conduct...

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