COMMONWEALTH v. HARALDSTAD


16 Mass. App. Ct. 565 (1983)

453 N.E.2d 472

COMMONWEALTH vs. ROBERT B. HARALDSTAD (and three companion cases).

Appeals Court of Massachusetts, Plymouth.

August 25, 1983.


Attorney(s) appearing for the Case

Brownlow M. Speer (Robert Fandel with him) for Michael J. Purcell.

Steven J. Rappaport for Robert B. Haraldstad.

Robert M. Payton, Assistant District Attorney, for the Commonwealth.

Present: BROWN, PERRETTA, & KASS, JJ.


KASS, J.

Robert B. Haraldstad and Michael J. Purcell, the defendants, were convicted by a jury of the rape of Cathie A. and of assaulting her by means of a dangerous weapon. The victim set the incident during the early hours of July 5, 1980, near Fort Revere in Hull. She charged a third man as joining in the sexual assault.2

The defense was that the incident simply did not occur; that the defendants were elsewhere when the victim...

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