COMMONWEALTH v. O'BRIEN

Nos. 87-1380 & 88-P-661.

27 Mass. App. Ct. 184 (1989)

536 N.E.2d 361

COMMONWEALTH vs. PAUL J. O'BRIEN.

Appeals Court of Massachusetts, Middlesex.

April 7, 1989.


Attorney(s) appearing for the Case

Francis K. Morris for the defendant.

Patricia M. Darrigo, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, WARNER, & FINE, JJ.


FINE, J.

These appeals arise out of the defendant's conviction of forcible rape of a child under sixteen. G.L.c. 265, § 22A. In the principal appeal, the defendant raises issues relating to discovery and the conduct of the trial. We conclude that the defendant was improperly denied access to material which would have been helpful to his defense and that he is entitled, therefore, to a new trial. In the second appeal, the defendant claims that a single justice...

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