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COMMONWEALTH v. HOWARD

Nos. 95-P-1046 & 95-P-1711.

42 Mass. App. Ct. 322 (1997)

COMMONWEALTH v. WILLIAM HOWARD.

Court of Appeals of Massachusetts, Franklin.

March 20, 1997.

Attorney(s) appearing for the Case

Peter M. Onek, Committee for Public Counsel Services, for the defendant.

Shaun S. McLean, Assistant District Attorney, for the Commonwealth.

Present: SMITH, PORADA, & GREENBERG, JJ.

GREENBERG, J.

In a two-count indictment the defendant was accused of forcible rape of a child (G. L. c. 265, § 22A), and assault with intent to rape a child (G. L. c. 265, § 24B). The victim was a young girl short of her ninth birthday. Prior to trial, the assault charge was the subject of a nolle prosequi. After trial, the jury brought in a verdict of guilty on the count charging forcible rape of a child...

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