COMMONWEALTH v. LOPES


362 Mass. 448 (1972)

287 N.E.2d 118

COMMONWEALTH vs. THOMAS LOPES.

Supreme Judicial Court of Massachusetts, Bristol.

September 8, 1972.


Attorney(s) appearing for the Case

Alexander Whiteside, II (Reuben Goodman with him) for the defendant.

Donald R. Perry, Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & HENNESSEY, JJ.


BRAUCHER, J.

The defendant appeals under G.L.c. 278, §§ 33A-33G, from convictions by a jury on two indictments arising out of the same incident: one for assault on the victim with a dangerous weapon and one for rape of a female child under the age of sixteen years. At the trial in March, 1971, the victim testified that she was fourteen years old.

We summarize the evidence presented to the jury. The victim...

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