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VILLALTA v. COMMONWEALTH

428 Mass. 429 (1998)

BRENDA VILLALTA & another v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

December 8, 1998.

Attorney(s) appearing for the Case

Michael F. Farrington for Brenda Villalta.

Lenore M. Glaser (Angela G. Lehman with her) for Jose M. Villalta-Duarte.

David A. Deakin, Assistant District Attorney, for the Commonwealth.

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

WILKINS, C.J.

At the heart of this appeal is the question whether Brenda Villalta (wife) may be compelled to testify against her husband, Jose M. Villalta-Duarte (defendant), at the trial of criminal charges pending against him. The defendant is charged with rape of a child under sixteen years of age, assault with intent to rape such a child, indecent assault and battery on such a child, and assault and battery on such a child. There is

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