ELDER v. COMMONWEALTH


385 Mass. 128 (1982)

431 N.E.2d 571

SYLVESTER ELDER vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

January 20, 1982.


Attorney(s) appearing for the Case

Linda J. Thompson (John M. Thompson with her) for the defendant.

Dianne M. Dillon, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.


HENNESSEY, C.J.

Sylvester Elder (hereinafter referred to as the defendant) was charged with four counts of statutory rape of a child. Trial was had, without jury, to a Superior Court judge, who took the case under advisement. Subsequently the trial judge declared a mistrial. The defendant is before this court on a complaint seeking either declaratory relief, or relief under this court's general superintendence power (G.L.c. 211, § 3), contending that principles...

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