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COMMONWEALTH v. FARRELL

No. 90-P-509.

31 Mass. App. Ct. 267 (1991)

576 N.E.2d 710

COMMONWEALTH vs. KEVIN R. FARRELL.

Appeals Court of Massachusetts, Norfolk.

August 20, 1991.

Attorney(s) appearing for the Case

Murray Kohn for the defendant.

Robert C. Cosgrove, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, BROWN, & GREENBERG, JJ.

ARMSTRONG, J.

The defendant was tried in the District Court on two counts of indecent assault and battery on a child under the age of fourteen years (G.L.c. 265, § 13B) and one count of simple assault and battery (G.L.c. 265, § 13A). The judge found the defendant guilty on one of the counts of indecent assault and battery. The other he dismissed as duplicative, and he dismissed the count of simple assault and battery as a lesser included offense.

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