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BALTHAZAR v. SUPERIOR COURT OF COM. OF MASS.

No. 77-1159.

573 F.2d 698 (1978)

Richard L. BALTHAZAR, Petitioner, Appellee, v. SUPERIOR COURT OF the COMMONWEALTH OF MASSACHUSETTS, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided April 4, 1978.

Attorney(s) appearing for the Case

Barbara A. H. Smith, Asst. Atty. Gen., Chief, Crim. Appellate Section, Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Stephen R. Delinsky, Asst. Atty. Gen., Chief, Crim. Bureau, Boston, Mass., were on brief, for appellant.

Susan J. Baronoff, Boston, Mass., for appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, WOLLENBERG, District Judge.

WOLLENBERG, District Judge.

This is an appeal from an order of the United States District Court for the District of Massachusetts issuing a writ of habeas corpus under 28 U.S.C. § 2241. The petitioner's challenge to his conviction under Mass.Gen.Laws ch. 272, § 35 for having committed the "unnatural and lascivious acts" of fellatio and oral-anal contact was sustained on the basis that the statute as applied was unconstitutionally vague. The court held further...

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