COMMONWEALTH v. FITTA


391 Mass. 394 (1984)

461 N.E.2d 820

COMMONWEALTH vs. ROBERT L. FITTA.

Supreme Judicial Court of Massachusetts, Bristol.

March 13, 1984.


Attorney(s) appearing for the Case

Michael J. Tremblay for the defendant.

Patricia O. Ellis, Assistant District Attorney (Phillip L. Weiner, Assistant District Attorney, with her) for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & O'CONNOR, JJ.


ABRAMS, J.

The defendant is awaiting trial before a jury of six1 on a complaint charging him with "open and gross lewdness and lascivious behavior." G.L.c. 272, § 16. Prior to trial, the defendant moved to dismiss the complaint on the ground that the statute under which the crime was charged was so vague and overbroad that it deprived him of his constitutional rights under the due process...

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