COMMONWEALTH v. AVILES

No. 89-P-1000.

31 Mass. App. Ct. 244 (1991)

576 N.E.2d 697

COMMONWEALTH vs. ANSELMO AVILES.

Appeals Court of Massachusetts, Worcester.

August 15, 1991.


Attorney(s) appearing for the Case

Conrad W. Fisher for the defendant.

Sean J. Gallagher, Assistant District Attorney, for the Commonwealth.

Present: Smith, Gillerman, & Porada, JJ.


GILLERMAN, J.

On May 16, 1988, two men forced their way into the victim's house through the kitchen door. The victim, whose husband was still at work, had just put her child to bed. While one of the intruders stood guard at the door, the other, with a hunting knife held to the victim's throat, ordered her to undress, ripped off her underclothes, and attempted intercourse by force, evidently unsuccessfully. After this brief, violent episode, the intruders escaped through...

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