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COMMONWEALTH v. McCLAINE

367 Mass. 559 (1975)

326 N.E.2d 894

COMMONWEALTH vs. CLAUDE McCLAINE.

Supreme Judicial Court of Massachusetts, Suffolk.

April 30, 1975.

Attorney(s) appearing for the Case

William A. Nelson (Patricia A. O'Neill with him) for the defendant.

Alvan Brody, Special Assistant District Attorney (David G. Eisenstadt, Assistant District Attorney, with him) for the Commonwealth.

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

REARDON, J.

A complaint was brought against the defendant alleging that on a date certain he "did then and there commit open and gross lewdness and lascivious behaviour in the presence of one Irving MacGregor." On a hearing of the complaint the defendant, having pleaded not guilty, was found guilty and sentenced to one year in a house of correction. He appealed to the Superior Court where he moved to dismiss the matter against him on the ground that "Chapter 272,...

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