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COMMONWEALTH v. GARDNER

350 Mass. 664 (1966)

216 N.E.2d 558

COMMONWEALTH vs. ROBERT GARDNER.

Supreme Judicial Court of Massachusetts, Suffolk.

May 3, 1966.

Attorney(s) appearing for the Case

Paul G. Holian for the defendant.

Jack I. Zalkind, Assistant District Attorney (Robert Snider, Legal Assistant to the District Attorney, with him), for the Commonwealth.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & SPIEGEL, JJ.

SPALDING, J.

The defendant was found guilty upon indictments charging rape (G.L.c. 265, § 22) and unnatural and lascivious acts (G.L.c. 272, § 35).1 The cases come here by appeal under G.L.c. 278, §§ 33A-33G, with numerous assignments of error.

1. Two assignments of error (Nos. 12 and 13) allege that the court erred in denying the defendant's motions for directed verdicts...

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