COMMONWEALTH v. SMITH

No. 97-P-1697.

46 Mass. App. Ct. 822 (1999)

COMMONWEALTH v. ROBERT SMITH.

Court of Appeals of Massachusetts, Plymouth.

May 25, 1999.


Attorney(s) appearing for the Case

Jeanne L. Holmes, Assistant District Attorney (Robert C. Thompson, Assistant District Attorney, with her) for the Commonwealth.

J. Russell Hodgdon, for the defendant, submitted a brief.

Present: KASS, SMITH, & JACOBS, JJ.


SMITH, J.

A Plymouth County grand jury returned two indictments against the defendant, Robert Smith, charging him with incest pursuant to G. L. c. 272, § 17.1 He was also indicted for indecent assault and battery on a child under the age of fourteen, and assault and battery. The charges arose as a result of certain allegations made by his daughter Nora (a pseudonym).

Prior to trial, the defendant filed a motion to dismiss...

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