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COMMONWEALTH v. ALMON

No. 90-P-143.

30 Mass. App. Ct. 721 (1991)

573 N.E.2d 529

COMMONWEALTH vs. WILLIAM L. ALMON, THIRD.

Appeals Court of Massachusetts, Plymouth.

June 21, 1991.

Attorney(s) appearing for the Case

Bruce Ferg for the defendant.

Mary O'Sullivan Smith, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, SMITH, & JACOBS, JJ.

SMITH, J.

A grand jury returned two indictments charging the defendant with (1) rape of a child by force on or about October 16, 1985 (G.L.c. 265, § 22A) and (2) rape of a child by force on or between November 1, 1984, and October 16, 1985. Both indictments named the same complainant, the defendant's stepdaughter. A jury trial commenced in December, 1987. A mistrial was declared when, after several days of deliberation...

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