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COMMONWEALTH v. DARBY

No. 93-P-1346.

37 Mass. App. Ct. 650 (1994)

642 N.E.2d 303

COMMONWEALTH vs. JAMES DARBY.

Appeals Court of Massachusetts, Berkshire.

November 21, 1994.

Attorney(s) appearing for the Case

Charles K. Stephenson for the defendant.

Paul J. Caccaviello, Assistant District Attorney, for the Commonwealth.

Present: SMITH, IRELAND, & GREENBERG, JJ.

SMITH, J.

The defendant was the subject of five indictments that charged him with rape and abuse of a child, no force (G.L.c. 265, § 23), and one indictment that charged him with indecent assault and battery on a child under fourteen (G.L.c. 265, § 13B). All the indictments shared the same time frame (March 1, 1989, to October 24, 1990) and the same victim.

The defendant waived a jury trial, and...

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