COMMONWEALTH v. D'AVELLA


339 Mass. 642 (1959)

162 N.E.2d 19

COMMONWEALTH vs. VINCENT M. D'AVELLA.

Supreme Judicial Court of Massachusetts, Suffolk.

November 3, 1959.


Attorney(s) appearing for the Case

John F. Lombard, (Francis J. Burns with him,) for the defendant.

Kevin H. White, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., RONAN, SPALDING, WILLIAMS, & WHITTEMORE, JJ.


SPALDING, J.

This is a complaint originally brought in a District Court charging the defendant with getting the complainant with child in violation of G.L.c. 273, § 11. From a finding of guilty the defendant appealed. At the trial in the Superior Court the defendant, having waived a jury, was tried to a judge and was found guilty.

The complainant testified that she had known the defendant about ten years; that she had intercourse with him regularly in...

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