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COMMONWEALTH v. SWAIN

No. 91-P-1019.

36 Mass. App. Ct. 433 (1994)

632 N.E.2d 848

COMMONWEALTH vs. DONALD SWAIN.

Appeals Court of Massachusetts, Norfolk.

May 2, 1994.

Attorney(s) appearing for the Case

Daniel J. O'Connell, III, for the defendant.

Robert C. Cosgrove, Assistant District Attorney, for the Commonwealth.

Present: KASS, JACOBS, & IRELAND, JJ.

JACOBS, J.

The defendant was tried and convicted by a Superior Court jury on fourteen indictments alleging unlawful sexual contact with his daughter — eight indictments charged rape of a child under sixteen years of age, five charged indecent assault and battery of a child under fourteen years of age, and one charged incest.1 He appeals from those convictions and from the denial of his motion for a new trial essentially claiming...

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