COMMONWEALTH v. FERGUSON


384 Mass. 13 (1981)

422 N.E.2d 1365

COMMONWEALTH vs. RICHARD FERGUSON.

Supreme Judicial Court of Massachusetts, Worcester.

July 1, 1981.


Attorney(s) appearing for the Case

Claudia C. Conway (Thomas F. Sullivan, Jr., with her) for the defendant.

William E. Loughlin, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.


LIACOS, J.

The defendant appeals pursuant to G.L.c. 278, §§ 33A-33G, from his conviction in the six-member jury session of a District Court of the crime of commission of an unnatural and lascivious act; to wit, voluntary submission to fellatio in the front seat of a parked car. G.L.c. 272, § 35. The defendant was sentenced to pay a fine of $125. On appeal, we allowed the defendant's application for direct appellate review.

We reverse the defendant...

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