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COMMONWEALTH v. WALKER

No. 95-P-450.

42 Mass. App. Ct. 14 (1997)

COMMONWEALTH v. GERALD WALKER.

Court of Appeals of Massachusetts, Hampden.

January 2, 1997.

Attorney(s) appearing for the Case

Brown low M. Speer, Committee for Public Counsel Services, for the defendant.

Jane Davidson Montori, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, GILLERMAN, & JACOBS, JJ.

GILLERMAN, J.

The defendant was charged on six identical indictments1 of forcible rape of two unnamed children under the age of sixteen, see G. L. c. 265, § 22A.2 Both children were approximately age six at the time of the incidents and age nine at the time of the trial. The judge, sua sponte, instructed the jury that they could return a verdict of guilty...

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