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COMMONWEALTH v. FOLEY

24 Mass. App. Ct. 114 (1987)

506 N.E.2d 1160

COMMONWEALTH vs. STEVEN A. FOLEY.

Appeals Court of Massachusetts, Norfolk.

May 1, 1987.

Attorney(s) appearing for the Case

Carol A. Donovan, Committee for Public Counsel Services, for the defendant.

Charles J. Hely, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, CUTTER, & FINE, JJ.

ARMSTRONG, J.

The defendant was charged with "induc[ing a] person under eighteen of chaste life to have unlawful sexual intercourse." G.L.c. 272, § 4. The proof put in to support the charge was that the defendant offered a fourteen year old boy five dollars to engage in fellatio, and that the offer was rejected. The defendant moved for a required finding of not guilty, based on the premise that one who is unsuccesfully solicited has not been induced within the...

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