COMMONWEALTH v. DUBOIS


353 Mass. 223 (1967)

230 N.E.2d 906

COMMONWEALTH vs. VINCENT EDWARD DUBOIS.

Supreme Judicial Court of Massachusetts, Bristol.

November 1, 1967.


Attorney(s) appearing for the Case

Reuben Goodman (Edward J. Harrington, Jr., with him) for the defendant.

Edmund Dinis, District Attorney, & Roger F. Sullivan, Assistant District Attorney, for the Commonwealth, submitted a brief.

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


KIRK, J.

The defendant was tried under G.L.c. 278, §§ 33A-33G, and convicted of rape. In his appeal he has assigned as error the denial of his motion for a directed verdict and his motion to suppress evidence. We deal first with the motion for a directed verdict.

The trial commenced on November 7, 1966. There was evidence that between twelve noon and one o'clock on September 28, 1965, a man came to the door of the dwelling of Mrs. Ina B. Dwyer, an...

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