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COMMONWEALTH v. A JUVENILE

368 Mass. 580 (1975)

334 N.E.2d 617

COMMONWEALTH vs. A JUVENILE.

Supreme Judicial Court of Massachusetts, Suffolk.

September 11, 1975.

Attorney(s) appearing for the Case

John F. Palmer for the defendant.

Joseph A. McDonough, Assistant District Attorney, for the Commonwealth.

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

HENNESSEY, J.

In this case we conclude, in a result which is required by relevant decisions of the United States Supreme Court, that the "idle and disorderly persons" provision of G.L.c. 272, § 53, cannot constitutionally be the basis for criminal convictions for the use of offensive and abusive language.

The case comes to this court by a report from the Boston Juvenile Court, Appellate Division, which had before...

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