COMMONWEALTH v. HOWARD


355 Mass. 526 (1969)

246 N.E.2d 419

COMMONWEALTH vs. CARROLL WESLEY HOWARD.

Supreme Judicial Court of Massachusetts, Essex.

April 3, 1969.


Attorney(s) appearing for the Case

Robert A. Novick (Reuben Goodman with him) for the defendant.

Peter F. Brady, Assistant District Attorney, for the Commonwealth.

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


CUTTER, J.

The defendant was found guilty by a jury on charges of (a) unlawful carnal knowledge and abuse of a female child (the child) under the age of sixteen and (b) incest. His appeal is before us under G.L.c. 278, §§ 33A-33G. The assignments of error argued relate to the admission of testimony.

The evidence would have permitted the following findings. Molestation of the child by her father took place on the night of November 19, 1967, after...

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