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COMMONWEALTH v. MacKENZIE

368 Mass. 613 (1975)

334 N.E.2d 613

COMMONWEALTH vs. DANIEL MacKENZIE.

Supreme Judicial Court of Massachusetts, Bristol.

September 22, 1975.

Attorney(s) appearing for the Case

Abbott L. Reichlin for the defendant.

Louis J. Ostric, Special Assistant District Attorney, for the Commonwealth.

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

WILKINS, J.

The defendant was found guilty under G.L.c. 273, § 11, which provides that "Whoever, not being the husband of a woman, gets her with child shall be guilty of a misdemeanor." Prior to the trial he moved to dismiss the complaint on the ground that G.L.c. 273, § 11, "on its face" denies the defendant equal protection of the laws guaranteed by arts. 1 and 10 of the Declaration of Rights of the Massachusetts Constitution and by the Fourteenth Amendment...

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