Thomes v. Commonwealth

This petition for a writ of error seeks to set aside a conviction in the Municipal Court of the City of Boston. The case was heard in the county court on the pleadings and return; no evidence was introduced. The single justice, without decision, reserved and reported the case to the full court.

The petitioner was convicted in September, 1964, under a *204complaint charging that he “was and now is a common night walker.” The complaint was based on G. L. c. 272, § 53, as appearing in St. 1959, c. 304, § 1, which reads: “Stubborn children, runaways, common night walkers, both male and female, common…