COMMONWEALTH v. TEMPLEMAN


376 Mass. 533 (1978)

381 N.E.2d 1300

COMMONWEALTH vs. ROBERT W. TEMPLEMAN.

Supreme Judicial Court of Massachusetts, Hampden.

October 16, 1978.


Attorney(s) appearing for the Case

Margaret Hayman for the defendant.

John J. McDonough, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & LIACOS, JJ.


BRAUCHER, J.

We are asked to consider the constitutionality of G.L.c. 272, § 53, so far as it imposes criminal sanctions on "lewd, wanton and lascivious persons in speech or behavior." To avoid the defendant's claim that the statute is unconstitutionally vague and overbroad, we attempt to make it constitutionally definite by giving it a reasonable construction. As we construe it, it does not apply to the defendant, and we reverse his conviction. We affirm his...

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