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COMMONWEALTH v. LEO

379 Mass. 34 (1979)

393 N.E.2d 410

COMMONWEALTH vs. ROY LEO.

Supreme Judicial Court of Massachusetts, Franklin.

August 21, 1979.

Attorney(s) appearing for the Case

Sebastian J. Ruggeri (Edward P. Smith with him) for the defendant.

Stephen R. Kaplan, Assistant District Attorney, for the Commonwealth.

Marguerite M. Dolan, for the Greenfield Recorder, amicus curiae, submitted a brief.

James F. McHugh, Janis M. Berry, for the Globe Newspaper Company, & James C. Heigham, for the Massachusetts Newspaper Publishers Association, amici curiae, submitted a brief.

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

KAPLAN, J.

The defendant Roy Leo, a clergyman in his mid-fifties at the times charged, was convicted after jury trial on indictments for three separate sexual offenses against a fourteen year old girl whom he was counseling — indictments for assault and battery in the form of an offensive touching (G.L.c. 265, § 13A), and for two incidents of unnatural sexual intercourse with a female under the age of sixteen (G.L.c. 265, § 23). Based on the latter...

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