COMMONWEALTH v. BAILEY


12 Mass. App. Ct. 104 (1981)

421 N.E.2d 791

COMMONWEALTH vs. ROBERT A. BAILEY.

Appeals Court of Massachusetts, Hampshire.

June 16, 1981.


Attorney(s) appearing for the Case

William J. Leahy (Robert I. Warner with him) for the defendant.

Stephen R. Kaplan, Assistant District Attorney (Eileen M. O'Connor, Assistant District Attorney, with him) for the Commonwealth.

Present: HALE, C.J., GREANEY, & SMITH, JJ.


SMITH, J.

The defendant was convicted by a jury on an indictment for rape and on so much of an indictment for armed burglary that charged breaking and entering in the nighttime with intent to commit a felony and assault upon an occupant. The victim testified that during the early morning hours of February 17, 1980, while in her room she was forced by the defendant to submit to six acts of sexual intercourse. The defendant admitted in his testimony that the victim...

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