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COMMONWEALTH v. MOLLE

No. 99-P-1623.

56 Mass. App. Ct. 621 (2002)

COMMONWEALTH v. PATRICK MOLLE.

Court of Appeals of Massachusetts, Middlesex.

December 4, 2002.

Attorney(s) appearing for the Case

William S. Smith for the defendant.

Jessica L. Langsam, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, C.J., PERRETTA, GREENBERG, MASON, & DOERFER, JJ.

MASON, J.

Following a jury trial in Superior Court, the defendant, Patrick Molle, was convicted of rape (G. L. c. 265, § 22[b]); indecent assault and battery on a person fourteen or older (G. L. c. 265, § 13H); and assault and battery (G. L. c. 265, § 13A).2 On appeal, the defendant claims that (1) the judge improperly instructed the jury to consider the victim's intoxication in assessing her ability to consent; ...

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