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COMMONWEALTH v. MAMAY

5 Mass. App. Ct. 708 (1977)

369 N.E.2d 1036

COMMONWEALTH vs. ROGER M. MAMAY.

Appeals Court of Massachusetts, Worcester.

November 30, 1977.

Attorney(s) appearing for the Case

Francis R. Fecteau, Assistant District Attorney, for the Commonwealth.

Thomas X. Cotter for the defendant.

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

GRANT, J.

The indictment in this case is framed under and tracks the language of G.L.c. 265, § 22A, as appearing in St. 1974, c. 474, § 2, which provides: "Whoever has sexual intercourse or unnatural sexual intercourse with a child under sixteen, and compels said child to submit by force and against his will or compels said child to submit by threat of bodily injury, shall be punished by imprisonment ... for life or for any term of years; and whoever over...

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