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COMMONWEALTH v. O'CONNOR

7 Mass. App. Ct. 314 (1979)

387 N.E.2d 190

COMMONWEALTH vs. JOSEPH F. O'CONNOR.

Appeals Court of Massachusetts, Middlesex.

March 29, 1979.

Attorney(s) appearing for the Case

James F. Sullivan (Allen Bress with him) for the defendant.

Robert M. Raciti, Assistant District Attorney, for the Commonwealth.

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

HALE, C.J.

The defendant appeals (G.L.c. 278, §§ 33A-33G) from his conviction on so much of an indictment as charged two counts of sexual intercourse with a child under sixteen years of age (G.L.c. 265, § 23, as appearing in St. 1974, c. 474, § 3).1 He assigns numerous errors. We summarize the facts consistent with the jury's verdict and which could have been found by them.

The defendant and one Colihan were...

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