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COMMONWEALTH v. GASSETT

No. 90-P-548.

30 Mass. App. Ct. 57 (1991)

565 N.E.2d 1226

COMMONWEALTH vs. STEPHEN R. GASSETT.

Appeals Court of Massachusetts, Middlesex.

January 31, 1991.

Attorney(s) appearing for the Case

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

Barbara Fischbein Berenson, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, KAPLAN, & GILLERMAN, JJ.

GILLERMAN, J.

In October, 1987, a Middlesex County grand jury returned two indictments against the defendant. One charged him with assault and battery (G.L.c. 265, § 13A); the other charged him with assault with intent to commit rape (G.L.c. 265, § 24). In April, 1988, a jury returned a verdict of guilty on the assault and battery, but they were unable to reach a verdict on the assault with intent to commit rape charge, and the judge declared a mistrial...

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