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COMMONWEALTH v. GONZALES

5 Mass. App. Ct. 705 (1977)

369 N.E.2d 1038

COMMONWEALTH vs. FRANCISCO RIVERIA GONZALES.

Appeals Court of Massachusetts, Middlesex.

November 30, 1977.

Attorney(s) appearing for the Case

Charles M. Grabau for the defendant.

Peter W. Agnes, Jr., Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., KEVILLE, & GRANT, JJ.

GRANT, J.

Both counts of the indictment in this case are framed under and track the language of G.L.c. 265, § 22, as appearing in St. 1974, c. 474, § 1, which provides: "Whoever has sexual intercourse or unnatural sexual intercourse with a person, and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury, shall be punished by imprisonment in the state prison for life or for any term of years...

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