Legal Opinion

Commonwealth v. Nicholas

Massachusetts Appeals Court

Decided April 3, 1996No. 94-P-1469PublishedCited by 6 opinions

1Opinion of the CourtJacobs, J.

After a bench trial in the District Court, the defendant was found guilty on a two-count complaint charging him with committing an unnatural act with another person and being a lewd and lascivious person.1 These charges were brought pursuant to G. L. c. 272, § 35, and G. L. c. 272, § 53.2 He appeals, claiming that the judge erred in denying his motion for required findings of not guilty. The only issue *256before us is whether the evidence warranted a finding that the defendant’s sexual conduct occurred in public.3 We conclude that it did not and, therefore, reverse the convictions.

A State…

2Cases cited7 opinions

  1. Commonwealth v. SefrankaMassachusetts Supreme Judicial Court · 1980
  2. Commonwealth v. FergusonMassachusetts Supreme Judicial Court · 1981
  3. Commonwealth v. ScagliottiMassachusetts Supreme Judicial Court · 1977
  4. Commonwealth v. TemplemanMassachusetts Supreme Judicial Court · 1978
  5. Commonwealth v. ReillyMassachusetts Appeals Court · 1977

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3Cited by6 opinions

  1. Corson v. CommonwealthMassachusetts Supreme Judicial Court · 1998
  2. School Committee v. Civil Service CommissionMassachusetts Appeals Court · 1997
  3. Commonwealth v. NebelMassachusetts Appeals Court · 2003
  4. Commonwealth v. ThomasMassachusetts Appeals Court · 2001
  5. Commonwealth v. MorrillMassachusetts Appeals Court · 2007

1 more not listed; retrieve them via the Exa API.

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