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COMMONWEALTH v. SCALLEY

17 Mass. App. Ct. 224 (1983)

457 N.E.2d 298

COMMONWEALTH vs. JOHN J. SCALLEY.

Appeals Court of Massachusetts, Middlesex.

December 14, 1983.

Attorney(s) appearing for the Case

Edward J. McCormick, III, for the defendant.

Ellen Lewis Bane, Assistant District Attorney, for the Commonwealth.

Present: BROWN, ROSE, & DREBEN, JJ.

ROSE, J.

The defendant was convicted of assault and battery by means of a dangerous weapon (shod foot), G.L.c. 265, § 15A, and assault with intent to commit rape, G.L.c. 265, § 24, on April 13, 1982. The defendant appeals, contending that: (1) the Commonwealth delayed in disclosing allegedly exculpatory evidence, thus denying him due process of law, see Commonwealth v. Wilson,

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