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COMMONWEALTH v. BENOIT

No. 88-P-316.

26 Mass. App. Ct. 641 (1988)

531 N.E.2d 262

COMMONWEALTH vs. SIDNEY R. BENOIT.

Appeals Court of Massachusetts, Berkshire.

December 8, 1988.

Attorney(s) appearing for the Case

Patricia A. O'Neill, Committee for Public Counsel Services, for the defendant.

Lee Diane Flournoy, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, C.J., ARMSTRONG, & SMITH, JJ.

GREANEY, C.J.

A jury in the Superior Court convicted the defendant on two indictments charging him under G.L.c. 272, § 35A, with the commission of unnatural and lascivious acts on a child under the age of sixteen. He argues that (1) G.L.c. 272, § 35A, is inapplicable to consensual conduct in private between persons fourteen years of age or older, (2) he was not put on fair notice that the conduct that led...

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