COMMONWEALTH v. FAY


14 Mass. App. Ct. 371 (1982)

439 N.E.2d 855

COMMONWEALTH vs. JOHN T. FAY.

Appeals Court of Massachusetts, Plymouth.

September 7, 1982.


Attorney(s) appearing for the Case

Bernard A. Kansky for the defendant.

Robert S. Sinsheimer, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, KASS, & SMITH, JJ.


KASS, J.

Toward dusk the victim was walking along a beach in Hull. She noticed a young man in a yellow T-shirt who was clutching a "light colored thing." He walked past her. Then she had the sense that the man in the yellow T-shirt was stalking her and she picked up her pace. The man came as close as about five feet, and she could see his face and hair. Within a minute or two she was grabbed from behind, a yellow sheet was placed over her head, and she was raped....

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