Massachusetts Appeals Court September 30, 2005, No. 04-P-1115 (Commonwealth v. Cahill)

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United States · · · 30-09-2005

“[OJffensive” acts and “disorderly” acts are separate elements of the offense; each must be proved beyond a reasonable doubt. Commonwealth v. Lombard, 321 Mass. 294, 296 (1947). There is no dispute the defendant’s alleged acts were offensive; the issue is whether the evidence showed the defendant’s acts to be disorderly.

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