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COMMONWEALTH v. HRABAK

440 Mass. 650 (2004)

COMMONWEALTH vs. FRANK R. HRABAK.

Supreme Judicial Court of Massachusetts, Essex.

January 8, 2004.

Attorney(s) appearing for the Case

Valerie A. DePalma, Assistant District Attorney, for the Commonwealth.

Steven J. Brooks for the defendant.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

IRELAND, J.

A Superior Court jury convicted the defendant of two indictments charging rape (oral and anal) of a six year old boy, John,1 and one indictment charging indecent assault and battery on one of John's sisters. The defendant appealed from his convictions to the Appeals Court, which affirmed the convictions of oral rape and indecent assault and battery, but reversed the conviction of anal rape because the court held that the prosecutor...

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