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COMMONWEALTH v. CAHILL

446 Mass. 778 (2006)

COMMONWEALTH v. JOSEPH CAHILL.

Supreme Court of Massachusetts, Middlesex.

May 19, 2006.

Attorney(s) appearing for the Case

Melissa J. Garand for the defendant.

Miriam S. Pappas, Assistant District Attorney (Loretta M. Lillios, Assistant District Attorney, with her) for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, IRH AND, SPINA, & CORDY, JJ.

IRELAND, J.

The defendant was charged with accosting or annoying a person of the opposite sex, G. L. c. 272, § 53; harassment, G. L. c. 265, § 43A; and assault and battery, G. L. c. 265, § 13A, of the victim, a fellow cashier at a supermarket. After a jury-waived trial in December, 2003, a District Court judge allowed the defendant's oral motion for a required finding of not guilty of harassment. The judge found the defendant not guilty

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