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COMMONWEALTH v. KNAP

412 Mass. 712 (1992)

592 N.E.2d 747

COMMONWEALTH vs. ANDRE T. KNAP.

Supreme Judicial Court of Massachusetts, Hampshire.

May 29, 1992.

Attorney(s) appearing for the Case

Andrew Silverman, Committee for Public Counsel Services, for the defendant.

Ariane D. Vuono, Assistant District Attorney, for the Commonwealth.

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

LYNCH, J.

Following a jury trial in the Superior Court, the defendant was found guilty of rape of a child, G.L.c. 265, § 23 (1990 ed.), and indecent assault and battery on a child under the age of fourteen, G.L.c. 265, § 13B (1990 ed.). The defendant appeals claiming that the trial judge erred when he refused to instruct the jury that a reasonable mistake of fact as to identity is a defense to charges of statutory...

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