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COMMONWEALTH v. PIZZOTTI

No. 88-P-1007.

27 Mass. App. Ct. 376 (1989)

538 N.E.2d 69

COMMONWEALTH vs. PAUL PIZZOTTI.

Appeals Court of Massachusetts, Middlesex.

May 25, 1989.

Attorney(s) appearing for the Case

George Hassett for the defendant.

Rosemary D. Mellor, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, KAPLAN, & FINE, JJ.

KAPLAN, J.

Tried on two counts of rape, G.L.c. 265, § 22(b), charging, respectively, penetration by finger and by tongue,1 the defendant Pizzotti was acquitted of the first charge, and found guilty, under the second charge, of the lesser offense of indecent assault and battery, G.L.c. 265, § 13H. He was also found guilty of another assault and battery, G.L.c. 265, § 13A.2 The defendant...

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