COMMONWEALTH v. GARDNER

No. 89-P-1428.

30 Mass. App. Ct. 515 (1991)

570 N.E.2d 1033

COMMONWEALTH vs. GREGORY M. GARDNER.

Appeals Court of Massachusetts, Worcester.

May 2, 1991.


Attorney(s) appearing for the Case

Peter M. Onek, Committee for Public Counsel Services, for the defendant.

Lynn Morrill Turcotte, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, KASS, & SMITH, JJ.


SMITH, J.

The defendant was the subject of two indictments, for rape of a child and indecent assault and battery on a child. The indictments named the same complainant. They were returned in February, 1988, and both stated that the alleged offenses occurred "on or about April 2, 1983." A jury convicted the defendant on both indictments. He claims on appeal that the judge committed error by allowing the Commonwealth...

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