Legal Opinion

Balthazar v. Superior Ct. of Com. of Mass.

District Court, D. Massachusetts

Decided March 9, 1977No. Civ. A. 74-5799-TPublishedCited by 18 opinions

1Opinion of the Court

OPINION

TAURO, District Judge.

This is an action for a writ of habeas corpus under 28 U.S.C. § 2241 brought by a petitioner who had been charged with having committed an “unnatural and lascivious” act in violation of Mass.Gen.Laws ch. 272, § 35; and with assault by means of a dangerous weapon in violation of Mass.Gen. Laws ch. 265, § 15B. Both charges arose out of the same incident. Following trial in the superior court he was convicted of the former charge, but was acquitted of the assault charge. His conviction for having committed an “unnatural and lascivious” act was affirmed by the Supreme…

2Cases cited33 opinions

  1. Fay v. NoiaSupreme Court of the United States · 1963
  2. Miller v. CaliforniaSupreme Court of the United States · 1973
  3. Brown v. AllenSupreme Court of the United States · 1953
  4. United States v. HarrissSupreme Court of the United States · 1954
  5. Lanzetta v. New JerseySupreme Court of the United States · 1939

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3Cited by18 opinions

  1. Pryor v. Municipal CourtCalifornia Supreme Court · 1979
  2. Pryor v. Municipal CourtCalifornia Supreme Court · 1979
  3. Commonwealth v. GallantMassachusetts Supreme Judicial Court · 1977
  4. People v. LinoMichigan Supreme Court · 1994
  5. James E. Domaingue v. Fred ButterworthCourt of Appeals for the First Circuit · 1981

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