COMMONWEALTH v. CORBETT

No. 88-P-461.

26 Mass. App. Ct. 773 (1989)

533 N.E.2d 207

COMMONWEALTH vs. BRIAN A. CORBETT.

Appeals Court of Massachusetts, Essex.

January 19, 1989.


Attorney(s) appearing for the Case

Elin H. Graydon, Assistant District Attorney, for the Commonwealth.

William P. Homans, Jr. (John F. Palmer with him) for the defendant.

Present: KASS, CUTTER, & FINE, JJ.


FINE, J.

A District Court complaint issued against the defendant on July 17, 1987, charging him with indecent assault and battery on a child under fourteen in violation of G.L.c. 265, § 13B. The victim, four and a half years old when the alleged offense occurred on May 27, 1987, was the only percipient witness. On August 4, 1987, when the victim was four years and nine months old, a District Court judge conducted

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