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COMMONWEALTH v. STOWELL

389 Mass. 171 (1983)

449 N.E.2d 357

COMMONWEALTH vs. JUDITH STOWELL.

Supreme Judicial Court of Massachusetts, Worcester.

May 13, 1983.

Attorney(s) appearing for the Case

Margaret H. Van Deusen for the defendant.

Jane Shepard, Assistant District Attorney, for the Commonwealth.

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

LYNCH, J.

The defendant is awaiting trial on a charge that she committed adultery in violation of G.L.c. 272, § 14.1 Prior to trial before a jury of six session in the District Court, the defendant filed a motion to dismiss the complaint on the grounds that the statute was unconstitutional on its face and as applied to her conduct. Without ruling on this motion, the District Court judge...

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