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COMMONWEALTH v. ORLANDO

371 Mass. 732 (1977)

359 N.E.2d 310

COMMONWEALTH vs. DAVID ORLANDO.

Supreme Judicial Court of Massachusetts, Norfolk.

January 24, 1977.

Attorney(s) appearing for the Case

Martin R. Rosenthal for the defendant.

Charles J. Hely, Assistant District Attorney, for the Commonwealth.

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

HENNESSEY, C.J.

The defendant appealed to the Superior Court from a finding of the District Court of Western Norfolk that he was guilty of disturbing the peace under G.L.c. 272, § 53.1 Prior to trial in the Superior Court, he filed a motion to dismiss alleging that the disturbing the peace statute is unconstitutionally vague and overbroad. The judge in the Superior Court reported to this court the question whether he should grant...

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