COMMONWEALTH v. COSTELLO


411 Mass. 371 (1991)

582 N.E.2d 938

COMMONWEALTH vs. DAVID COSTELLO.

Supreme Judicial Court of Massachusetts, Barnstable.

December 10, 1991.


Attorney(s) appearing for the Case

Russell J. Redgate for the defendant.

Julia K. Vermynck, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.


NOLAN, J.

A jury convicted the defendant of the rape of a child under the age of sixteen and indecent assault and battery on a child under the age of fourteen. The defendant has appealed from the trial judge's denial of his motions for required findings of not guilty and for a new trial. We transferred the case from the Appeals Court on our own motion. Because we conclude that there was insufficient evidence to convict the defendant of the crimes charged against him...

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