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COMMONWEALTH v. FOWLER

431 Mass. 30 (2000)

COMMONWEALTH v. JEFFREY FOWLER

Supreme Judicial Court of Massachusetts, Bristol.

March 13, 2000.

Attorney(s) appearing for the Case

Kevin S. Nixon for the defendant.

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

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

LYNCH, J.

The defendant, Jeffrey Fowler, was convicted of rape of a child with the use of force and of murder in the first degree on theories of extreme atrocity or cruelty, and felony-murder. The victim was the two year old daughter of the woman with whom he was living. He raises four issues on appeal, claiming that (1) the trial judge erred in denying the defendant's motion for required findings of not guilty of rape and...

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