COMMONWEALTH v. SYLVESTER


13 Mass. App. Ct. 360 (1982)

433 N.E.2d 107

COMMONWEALTH vs. ELMER SYLVESTER.

Appeals Court of Massachusetts, Essex.

March 30, 1982.


Attorney(s) appearing for the Case

Ellen A. Howard (Jane Kenworthy Lewis with her) for the defendant.

Dyanne Klein Polatin, Assistant District Attorney, for the Commonwealth.

Present: BROWN, ROSE, & KASS, JJ.


KASS, J.

Elmer Sylvester was convicted on two indictments of raping a child and three indictments of unnatural and lascivious acts on a child under sixteen years of age. He was found not guilty on two counts of rape and two counts of unnatural and lascivious acts. There are three issues on appeal, the most grave of which is whether harassing and demeaning remarks made by the trial judge within the hearing of the...

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