SMITH, J.
The defendant has appealed from his conviction on an indictment charging him with statutory rape. G.L.c. 265, § 23. Prior to trial, the defendant filed a motion to dismiss the indictment on the ground that the Commonwealth had failed to preserve potentially exculpatory evidence. The defendant identified the lost evidence as the contents of a rape evidence kit and as clothing worn by the victim at the time of the incident. A Superior Court judge, after...
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