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COMMONWEALTH v. DE LA CRUZ

405 Mass. 269 (1989)

540 N.E.2d 168

COMMONWEALTH vs. FELIPE De La CRUZ.

Supreme Judicial Court of Massachusetts, Worcester.

July 3, 1989.

Attorney(s) appearing for the Case

Eric Brandt, Committee for Public Counsel Services, for the defendant.

Katherine E. McMahon, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.

O'CONNOR, J.

The defendant was indicted, and tried by a jury, for unnatural sexual intercourse with a child under the age of sixteen in violation of G.L.c. 265, § 23 (1986 ed.), and for indecent assault and battery of a child under the age of fourteen in violation of G.L.c. 265, § 13B (1986 ed.). The jury acquitted the defendant of the first charge, but convicted him of indecent assault and battery of a child under...

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