COMMONWEALTH v. MONTGOMERY

No. 99-P-1267.

52 Mass. App. Ct. 831 (2001)

COMMONWEALTH v. EARL C. MONTGOMERY.

Court of Appeals of Massachusetts, Suffolk.

October 15, 2001.


Attorney(s) appearing for the Case

Alexander M. Esteves for the defendant.

Paul B. Linn, Assistant District Attorney (David A. Deakin, Assistant District Attorney, with him) for the Commonwealth.

Present: JACOBS, GILLERMAN, & CYPHER, JJ.


JACOBS, J.

In August, 1998, a Superior Court jury convicted the defendant on two charges of sexual intercourse and abuse of a child under sixteen years of age, G. L. c. 265, § 23, and on a charge of assault of a child with intent to rape, G. L. c. 265, § 24B. The jury acquitted the defendant on a third charge under G. L. c. 265, § 23.

The incidents at issue occurred on the night of December 25, 1996, when the victim, the defendant's daughter...

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