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COMMONWEALTH v. GAMACHE

No. 92-P-1077.

35 Mass. App. Ct. 805 (1994)

626 N.E.2d 616

COMMONWEALTH vs. KATHLEEN M. GAMACHE, JJ.

Appeals Court of Massachusetts, Middlesex.

January 21, 1994.

Attorney(s) appearing for the Case

R. Brian Snow, of New Hampshire, for the defendant.

Judith B. Stephenson, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, KAPLAN, & GILLERMAN, JJ.

DREBEN, J.

After a joint trial with the codefendant, Dominic Sortino, the defendant was convicted of aggravated rape of her daughter, Jane,1 under a joint enterprise theory and rape of Jane, a child under the age of sixteen.2 Jane was born on February 12, 1985, was five years old at the time of trial (June, 1990) and was twenty-two months to thirty-three months old during the period of the incidents charged...

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