COMMONWEALTH v. HILL


377 Mass. 59 (1979)

385 N.E.2d 253

COMMONWEALTH vs. JAMES M. HILL.

Supreme Judicial Court of Massachusetts, Berkshire.

January 8, 1979.


Attorney(s) appearing for the Case

Alvin Jack Sims for the defendant.

William T. Walsh, Jr., for the Commonwealth.

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


BRAUCHER, J.

The defendant appeals from a conviction under G.L.c. 272, § 35, of an "unnatural and lascivious act with another person," committed in September, 1969. The case was tried before our decision in Commonwealth v. Balthazar, 366 Mass. 298 (1974),1 and it is contended that the indictment should be dismissed on the authority of Balthazar v. Superior Court,

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