COMMONWEALTH v. BERRIO


407 Mass. 37 (1990)

551 N.E.2d 496

COMMONWEALTH vs. RICHARD F. BERRIO.

Supreme Judicial Court of Massachusetts, Middlesex.

March 15, 1990.


Attorney(s) appearing for the Case

Walter H. Underhill, Jr., & Constance L. Rudnick for the defendant.

Michael Fabbri, Assistant District Attorney (Rosemary D. Mellor, Assistant District Attorney, with him) for the Commonwealth.

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


O'CONNOR, J.

After a trial by jury, the defendant was convicted on indictments charging him with indecent assault and battery on a child under fourteen, incest, and assault with intent to rape a child under the age of sixteen. Also, on an indictment charging him with rape of a child under the age of sixteen by force, the defendant was convicted of the lesser-included offense of statutory rape. On appeal, the defendant argues that his motion to suppress incriminating...

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