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COMMONWEALTH v. JACKSON

369 Mass. 904 (1976)

344 N.E.2d 166

COMMONWEALTH vs. ANGELO JACKSON.

Supreme Judicial Court of Massachusetts, Suffolk.

March 15, 1976.

Attorney(s) appearing for the Case

Clyde D. Bergstresser (Lawrence D. Shubow with him) for the defendant.

Richard A. Voke, Assistant District Attorney (George E. Foote, Jr., with him) for the Commonwealth.

J. John Fox, pro se, amicus curiae, submitted a brief.

Jeanne Baker, Richard Neumeier, Harvey Silverglate, & John Reinstein, for Civil Liberties Union of Massachusetts, amicus curiae, submitted a brief.

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

HENNESSEY, C.J.

The defendant was convicted of carrying a pistol without a license and received the mandatory minimum sentence of one year in a house of correction as provided by G.L.c. 269, § 10 (a), set forth below.1 On appeal, he challenges the constitutionality of this statute on the grounds that a mandatory one-year jail sentence on conviction constitutes cruel and unusual punishment...

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