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COMMONWEALTH v. McCARTHY

385 Mass. 160 (1982)

430 N.E.2d 1195

COMMONWEALTH vs. EUGENE M. McCARTHY, JR.

Supreme Judicial Court of Massachusetts, Norfolk.

January 29, 1982.

Attorney(s) appearing for the Case

Milly A. Whatley (Joel A. Goodman with her) for the defendant.

Sydney Hanlon, Assistant District Attorney (Charles J. Hely, Assistant District Attorney, with her) for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, & NOLAN, JJ.

ABRAMS, J.

A Norfolk County grand jury indicted the defendant for assault with intent to rape.1 Prior to trial, the defendant moved to dismiss the indictments because the grand jurors had not heard any evidence that he had been involved in criminal activity. The trial judge denied the motion. After trial to a jury, the defendant was convicted. He was sentenced to a term of twenty years at the...

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