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COMMONWEALTH v. SYLVESTER

388 Mass. 749 (1983)

448 N.E.2d 1106

COMMONWEALTH vs. ELMER SYLVESTER.

Supreme Judicial Court of Massachusetts, Essex.

April 13, 1983.

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: HENNESSEY, C.J., LIACOS, ABRAMS, LYNCH, & O'CONNOR, JJ.

LYNCH, J.

The defendant appeals from two convictions of rape of a child under sixteen years of age, G.L.c. 265, § 23, and also appeals from three convictions of unnatural and lascivious acts on a child under sixteen years of age, G.L.c. 272, § 35A. The jury acquitted the defendant of two counts each of rape and unnatural and lascivious acts on one of the three alleged victims. The Appeals Court affirmed the judgments...

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