COMMONWEALTH v. FRANKS


369 Mass. 608 (1976)

341 N.E.2d 660

COMMONWEALTH vs. CLEMIS FRANKS, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

January 29, 1976.


Attorney(s) appearing for the Case

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

James A. Antonucci, Legal Assistant to the District Attorney (Kathleen M. Curry, Assistant District Attorney, with him) for the Commonwealth.

Present: HENNESSEY, C.J., REARDON, BRAUCHER, KAPLAN, & WILKINS, JJ.


BRAUCHER, J.

On April 8, 1974, we held that the defendant had been properly convicted of "statutory rape," a violation of G.L.c. 265, § 23, but that he had been sentenced for "forcible rape," a violation of G.L.c. 265, § 22A, notwithstanding an implied finding by the jury that he was not guilty of forcible rape. We therefore set aside the sentence and remanded the case "for the sentencing of the defendant for his violation of G.L.c. 265, § 23." Commonwealth...

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