COMMONWEALTH v. ROBINSON


373 Mass. 591 (1977)

368 N.E.2d 1210

COMMONWEALTH vs. EARLE R. ROBINSON.

Supreme Judicial Court of Massachusetts, Middlesex.

November 2, 1977.


Attorney(s) appearing for the Case

Willie J. Davis for the defendant.

John J. Droney, District Attorney, & James W. Sahakian, Assistant District Attorney, for the Commonwealth.

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


QUIRICO, J.

The defendant was indicted for having "sexual intercourse or unnatural sexual intercourse" with a child under sixteen years, and for having compelled the child "to submit by force and against his will ... or ... by threat of bodily injury, to said intercourse" in violation of G.L.c. 265, § 22A. The defendant filed a pre-trial motion to dismiss the indictment "which alleges that the defendant committed the crime of rape, on the ground that no evidence...

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