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COMMONWEALTH v. MONTANINO

No. 88-P-88.

27 Mass. App. Ct. 130 (1989)

535 N.E.2d 617

COMMONWEALTH vs. JOSEPH MONTANINO.

Appeals Court of Massachusetts, Middlesex.

March 21, 1989.

Attorney(s) appearing for the Case

Henry P. Sorett (Anne W. Chisholm with him) for the defendant.

Catherine E. Sullivan, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, C.J., SMITH, & FINE, JJ.

SMITH, J.

The defendant, a police officer, was the subject of two indictments charging him with indecent assault and battery on a child under the age of fourteen.1 The two victims named in the indictments are two brothers, Michael and Robert (fictitious names), ages eleven and thirteen at the time of the alleged offenses. The defendant was tried by a jury and was convicted on the indictment that charged him with indecent assault and battery...

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