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COMMONWEALTH v. CAPONE

No. 95-P-5.

39 Mass. App. Ct. 606 (1996)

COMMONWEALTH vs. FRANCIS D. CAPONE, THIRD.

Appeals Court of Massachusetts, Barnstable.

January 18, 1996.

Attorney(s) appearing for the Case

Gary A. Nickerson for the defendant.

Julia K. Holler, Assistant District Attorney, for the Commonwealth.

Present: WARNER, C.J., DREBEN, & IRELAND, JJ.

WARNER, C.J.

The defendant, Francis D. Capone, III, was found guilty by a Superior Court jury of indecent assault and battery on a person over the age of fourteen and of assault with intent to commit statutory rape. On appeal, he argues that it was error for the judge to deny his motion to dismiss the grand jury indictment for statutory rape, to submit a charge of assault with intent to commit statutory rape to the

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