COMMONWEALTH v. MILO M., A JUVENILE


433 Mass. 149 (2001)

COMMONWEALTH v. MILO M., a juvenile.

Supreme Judicial Court of Massachusetts, Worcester.

January 5, 2001.


Attorney(s) appearing for the Case

Kathleen M. Kelly for the juvenile.

Sandra L. Hautanen, Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Thomas F. Reilly, Attorney General, & Barbara F. Berenson, Assistant Attorney General, for the Attorney General.

David M. Moore, City Solicitor, & Elizabeth M. Sanning, Assistant City Solicitor, for city of Worcester.

Donald S. Bronstein, Committee for Public Counsel Services, for Committee for Public Counsel Services.

Present: (Sitting at Brockton): MARSHALL, C.J., ABRAMS, GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ.


IRELAND, J.

Milo M., a juvenile defendant, appeals from the Juvenile Court's adjudication of him as delinquent by reason of threatening his teacher in violation of G. L. c. 275, § 2. While public schools remain very safe places for children to be, with respect to this appeal, we face the important and troubling question whether, given recent, highly publicized incidents of school violence, a drawing that depicts a student pointing a gun at his teacher constitutes...

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