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COMMONWEALTH v. FANCIULLO

11 Mass. App. Ct. 64 (1980)

413 N.E.2d 1127

COMMONWEALTH vs. JOSEPH FANCIULLO.

Appeals Court of Massachusetts, Worcester.

December 22, 1980.

Attorney(s) appearing for the Case

Mark G. Miliotis for the defendant.

Joseph Lostracco, Assistant District Attorney, for the Commonwealth.

Present: GRANT, CUTTER, & NOLAN, JJ.

GRANT, J.

The defendant was tried without jury in the Superior Court on a complaint under G.L.c. 273, § 15, as appearing in St. 1977, c. 848, § 6.1 At the conclusion of the Commonwealth's case the defendant presented a motion for the entry of a "judgment of acquittal," which was impliedly denied. The defendant rested. The judge entered an express adjudication of paternity, placed...

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