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COMMONWEALTH v. DALEY

439 Mass. 558 (2003)

COMMONWEALTH v. CHRISTOPHER DALEY.

Supreme Judicial Court of Massachusetts, Middlesex.

June 16, 2003.

Attorney(s) appearing for the Case

Kevin J. Curtin, Assistant District Attorney (Allison O'Neil, Assistant District Attorney, with him) for the Commonwealth.

Jennifer H. O'Brien for the defendant.

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

CORDY, J.

Christopher Daley was convicted of indecent assault and battery by a jury sitting in the Cambridge Division of the District Court Department. The only witnesses at trial were the victim and the defendant. Their respective accounts of what occurred between them differed markedly, and the outcome clearly depended on the jury's assessment of the credibility of their testimony. A divided panel of the Appeals Court reversed the conviction, Commonwealth

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