COMMONWEALTH v. VOIGHT

No. 89-P-1365.

28 Mass. App. Ct. 769 (1990)

556 N.E.2d 115

COMMONWEALTH vs. KEVIN VOIGHT.

Appeals Court of Massachusetts, Dukes County.

July 5, 1990.


Attorney(s) appearing for the Case

Ellen B. Kaplan for the defendant.

Russel J. Wilson, Assistant District Attorney, for the Commonwealth.

Present: WARNER, C.J., KASS, & FINE, JJ.


KASS, J.

It is no easy task to determine which party in this insular prosecution is the more petulant and stubborn. The legal position of those parties is more clear. Edgartown wrongly charged the defendant Kevin Voight with violating G.L.c. 269, § 14A, which punishes making telephone calls solely to harass, annoy, or molest, and a judge of the District Court erroneously denied a motion for a required finding of not guilty. Voight was found guilty by a jury-of...

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