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COMMONWEALTH v. ELLIOTT

352 Mass. 236 (1967)

224 N.E.2d 457

COMMONWEALTH vs. ROBERT G. ELLIOTT.

Supreme Judicial Court of Massachusetts, Middlesex.

March 13, 1967.

Attorney(s) appearing for the Case

Charles M. Burnim for the defendant.

Ruth I. Abrams, Assistant District Attorney, for the Commonwealth.

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

WHITTEMORE, J.

Robert G. Elliott, on October 28, 1964, was convicted of rape and robbery committed on July 20, 1964. He is now serving the sentences imposed. On July 12, 1965, Robert's brother Chester, with circumstantial detail, told an associate attorney in the office of an attorney who thereafter entered his appearance for Robert that he, and not Robert, had committed the rape, and that his troubled conscience had awakened him to action because

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