COMMONWEALTH v. LOPEZ


433 Mass. 722 (2001)

COMMONWEALTH v. KENNY LOPEZ.

Supreme Judicial Court of Massachusetts, Hampden.

April 17, 2001.


Attorney(s) appearing for the Case

Carlo A. Obligato, Committee for Public Counsel Services, for the defendant.

Thomas H. Townsend, Assistant District Attorney, for the Commonwealth.

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


SPINA, J.

The defendant, Kenny Lopez, was convicted on two indictments charging rape and one indictment charging indecent assault and battery on a person over the age of fourteen years. We granted his application for direct appellate review. The defendant claims error in the judge's refusal to give a mistake of fact instruction to the jury. He asks us to recognize a defendant's honest and reasonable belief as to a complainant's consent as a defense to the crime of...

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