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COMMONWEALTH v. FOWLER

425 Mass. 819 (1997)

COMMONWEALTH v. JEFFREY FOWLER

Supreme Judicial Court of Massachusetts, Bristol.

August 25, 1997.

Attorney(s) appearing for the Case

Elspeth B. Cypher, Assistant District Attorney, for the Commonwealth.

Francis M. O'Boy (David M. Driscoll with him) for the defendant.

Present: WILKINS, C.J., ABRAMS, LYNCH, FRIED, & MARSHALL, JJ.

MARSHALL, J.

A Superior Court jury convicted the defendant, Jeffrey Fowler, of rape of a child with the use of force and murder in the first degree (by reason of extreme atrocity or cruelty) of the two year old daughter of the woman with whom he was living at the time. After sentencing, the trial judge, sua sponte, set aside the guilty verdicts and ordered a new trial. See Mass. R. Crim. P. 25 (b) (2), 378 Mass. 896 (1979). The Commonwealth appeals from that order...

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