HALE, C.J.
At about 1:30 A.M. on April 17, 1978, Anna Hilliard (victim), an elderly woman, was attacked by an intruder in her apartment in Lowell. The defendant was charged as the intruder and was indicted, tried, and convicted of assault with intent to rape (G.L.c. 265, § 24, as amended by St. 1974, c. 474, § 4) and breaking and entering a dwelling in the nighttime (G.L.c. 266, § 14). He has appealed and presents two issues: (1) that it was error to...
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