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COMMONWEALTH v. CLAYTON

No. 04-P-445.

63 Mass. App. Ct. 608 (2005)

COMMONWEALTH v. JAMES N. CLAYTON (No. 1).

Appeals Court of Massachusetts, Barnstable.

May 23, 2005.

Attorney(s) appearing for the Case

Peter M. Onek, Committee for Public Counsel Services, for the defendant.

J. Thomas Kirkman, Assistant District Attorney, for the Commonwealth.

Present: Armstrong, C.J., Grasso, & Mills, JJ.

GRASSO, J.

In Commonwealth v. Clayton, 52 Mass.App.Ct. 198 (2001) (Clayton I), we reversed the defendant's conviction on a single indictment of statutory rape that charged him with having "sexual intercourse or unnatural sexual intercourse" with a child at divers times from 1979 to 1987. Id. at 199. We reversed because we concluded that limitation of the defendant's

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