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COMMONWEALTH v. KWIATKOWSKI

418 Mass. 543 (1994)

637 N.E.2d 854

COMMONWEALTH vs. JAMES X. KWIATKOWSKI.

Supreme Judicial Court of Massachusetts, Worcester.

August 3, 1994.

Attorney(s) appearing for the Case

Wendy B. Golenbock for the defendant.

James P. McKenna, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

WILKINS, J.

The defendant challenges a portion of the Commonwealth's new stalking statute, G.L.c. 265, § 43, inserted by St. 1992, c. 31, as facially vague and hence unconstitutional. We agree that the stalking statute is unconstitutionally vague in the respect asserted. Hence, it may not be enforced against the defendant, and his conviction of the crime of stalking must be reversed. It is within the proper authority...

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