COMMONWEALTH v. WILLIAMS


353 Mass. 233 (1967)

230 N.E.2d 645

COMMONWEALTH vs. GENE C. WILLIAMS.

Supreme Judicial Court of Massachusetts, Barnstable.

November 2, 1967.


Attorney(s) appearing for the Case

George L. Nowell for the defendant.

Edmund Dinis, District Attorney, & Joseph P. Harrington, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., WHITTEMORE, KIRK, SPIEGEL, & REARDON, JJ.


WHITTEMORE, J.

1. It was error not to have directed a verdict for the defendant on the trial of the indictment for an offence under G.L.c. 272, § 5, as amended through St. 1948, c. 137. The statute provides: "Whoever has unlawful sexual intercourse with a female who is feeble minded, an idiot or imbecile or insane, under circumstances which do not constitute rape, shall, if he had reasonable cause to believe that she...

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