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COMMONWEALTH v. SIMS

No. 89-P-1191.

30 Mass. App. Ct. 25 (1991)

565 N.E.2d 463

COMMONWEALTH vs. MICHAEL SIMS.

Appeals Court of Massachusetts, Worcester.

January 24, 1991.

Attorney(s) appearing for the Case

Eric Brandt, Committee for Public Counsel Services, for the defendant.

Claudia R. Sullivan, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, FINE, & IRELAND, JJ.

DREBEN, J.

The issue on appeal is whether the testimony of Commonwealth's experts as to blood-typing constituted such firm proof of the defendant's innocence as to entitle him to a required finding of not guilty1 of rape and other offenses.2 We affirm the convictions.

The evidence would have warranted the jury in finding these facts. At approximately...

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