COMMONWEALTH v. SMITH


431 Mass. 417 (2000)

COMMONWEALTH v. ROBERT SMITH.

Supreme Judicial Court of Massachusetts, Plymouth.

May 11, 2000.


Attorney(s) appearing for the Case

Jeanne L. Holmes, Assistant District Attorney, for the Commonwealth.

J. Russell Hodgdon for the defendant.

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


LYNCH, J.

A Plymouth County grand jury indicted the defendant on two charges of incest pursuant to G. L. c. 272, § 17 (incest statute), based on conduct he allegedly engaged in with his daughter.1 The defendant moved in the Superior Court, pursuant to Mass. R. Crim. P. 13 (c), 378 Mass. 871 (1979), to dismiss the indictments, arguing that, because there was no evidence of penile-vaginal...

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