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COMMONWEALTH v. MALLORY

No. 01-P-1540.

56 Mass. App. Ct. 153 (2002)

COMMONWEALTH v. ANDREW MALLORY, JR

Court of Appeals of Massachusetts, Hampden.

September 27, 2002.

Attorney(s) appearing for the Case

Elizabeth Dunphy Farris, Assistant District Attorney, for the Commonwealth.

William J. O'Neil for the defendant.

Present: JACOBS, GRASSO, & KAFKER, JJ.

KAFKER, J.

The defendant, Andrew Mallory, Jr., had been living in a bedroom on the second floor of a single-family home rented by Robert Burns when, on the afternoon of February 16, 2000, Burns's daughter ran from the bedroom, naked and crying, telling her father the defendant had raped and assaulted her. As Burns obtained a club, the defendant fled out the room's window. Burns then called the police, who, accompanied...

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