Com. v. Carpenter

• Citation: 325 Mass. 519,91 N.E.2d 666
• Parties: COMMONWEALTH v. CARPENTER.
• Decision Date: 29 March 1950
• Court: United States State Supreme Judicial Court of Massachusetts

Page 666

91 N.E.2d 666 325 Mass. 519 COMMONWEALTH
v.
CARPENTER. Supreme Judicial Court of Massachusetts, Suffolk. Argued Nov. 7, 1949.
Decided March 29, 1950.

[325 Mass. 520] G. Miraldi, Asst. Dist. Atty., Boston, for Commonwealth.

A. A. Albert, Boston, for defendant Carpenter.

Before [325 Mass. 519] QUA, C. J., and LUMMUS, RONAN, WILKINS and WILLIAMS, JJ.

[325 Mass. 520] WILKINS, Justice.

The complaint charges that at Boston on September 1, 1948, the defendant 'did wilfully and unreasonably saunter and loiter in a certain public street * * * called Columbus Avenue for more than seven minutes after being then lawfully directed there * * * to move on' by a police officer. In the Superior Court the defendant waived trial by jury, and was tried, convicted, and sentenced to pay a fine of $20. The judge, being of opinion that there is involved a question of law so important or doubtful as to require the decision of this court, with the consent of the defendant, reported the case, and stayed proceedings. G.L.(Ter.Ed.) c. 278, § 30.

The complaint is based upon c. 40, § 34, of the Revised Ordinances of Boston (1947), which reads: 'No person shall, in a street, unreasonably obstruct the free passage of foot-travellers, or wilfully and unreasonably saunter or loiter for more than seven minutes after being directed by a police officer to move on, 'with exceptions now immaterial. The complaint alleges no obstruction of foot travel, and charges no offense based upon that part of the ordinance. Also lacking is any allegation of drawing crowds, or of inducing violence, or even of threatening a breach of the peace, however slight. Compare Commonwealth v. Anderson, 308 Mass. 370, 372, 32 N.E.2d 684; Commonwealth v. Pascone, 308 Mass. 591, 594, 33 N.E.2d 522; Commonwealth v. Akmakjian, 316 Mass. 97, 103, 55 N.E.2d 6; Commonwealth v. Gilfedder, 321 Mass. 335, 338, 73 N.E.2d 241. The phrase 'saunter or loiter' may be defined as 'idling,' 'to be dilatory,' 'to be slow in moving,' 'to delay,' 'to linger,' or 'to lag behind.' Territory of Hawaii v. Anduha, 9 Cir., 48 F.2d 171, 173; State v. Starr, 57 Ariz. 270, 272, 113 P.2d 356; Phillips v. Municipal Court of City of Los Angeles, 24 Cal.App.2d 453, 455, 75 P.2d 548; [325 Mass. 521] State v. Tobin, 90 Conn. 58, 62, 96 A. 312; City of Olathe v. Lauck, 156 Kan. 637, 640, 135 P.2d 549; City of Columbus v. Aldrich, 69 Ohio App. 396, 399-400, 42 N.E.2d 915; Cates v. Jones, Tex.Civ.App., 129 S.W.2d 476, 477; State v. Jasmin, 105 Vt. 531, 534, 168 A. 545. See Kennedy v. Saunders, 142 Mass. 9, 6 N.E. 734; Malhoit v...