COMMONWEALTH v. FRANKS


365 Mass. 74 (1974)

309 N.E.2d 879

COMMONWEALTH vs. CLEMIS FRANKS, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

April 8, 1974.


Attorney(s) appearing for the Case

Albert L. Hutton, Jr., for the defendant.

Edward T. Crossen, Assistant District Attorney (Elizabeth C. Casey, Assistant District Attorney, with him) for the Commonwealth.

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


QUIRICO, J.

The defendant Clemis Franks, Jr., was indicted and convicted on a charge of "ravish[ing] and carnally know[ing]... a female child under the age of sixteen years, by force and against her will."1 He appeals pursuant to the provisions of G.L.c. 278, §§ 33A-33G.

The pertinent evidence before the jury was as follows. On May 24, 1969, at 2 P.M. when the alleged rape took place, the victim was fifteen years old...

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