COMMONWEALTH v. BURKE


390 Mass. 480 (1983)

457 N.E.2d 622

COMMONWEALTH vs. DANIEL E. BURKE.

Supreme Judicial Court of Massachusetts, Middlesex.

November 22, 1983.


Attorney(s) appearing for the Case

Jonathan Shapiro (Anne B. Goldstein with him) for the defendant.

Pamela L. Hunt, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.


HENNESSEY, C.J.

The defendant is charged with committing an indecent assault and battery on a child under the age of fourteen, G.L.c. 265, § 13B. After a finding of guilty in a jury-waived trial, the defendant appealed to a jury of six session of the District Court for a trial de novo. See G.L.c. 278, § 18. Prior to trial to a jury of six, the Commonwealth filed a motion to exclude evidence of consent on the part...

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