COMMONWEALTH v. URBAN

SJC-09911.

450 Mass. 608 (2008)

COMMONWEALTH v. MARTIN URBAN.

Supreme Judicial Court of Massachusetts, Suffolk.

February 8, 2008.


Attorney(s) appearing for the Case

Amanda Lovell, Assistant District Attorney, for the Commonwealth.

R. Bradford Bailey for the defendant.

Wendy J. Murphy & Judith G. Greenberg, for Sexual Violence Legal News & another, amici curiae, submitted a brief.

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


BOTSFORD, J.

A jury in the Superior Court convicted the defendant on two indictments charging rape in violation of G. L. c. 265, § 22 (b), both involving the same complainant. The Appeals Court reversed the defendant's convictions, concluding that the trial judge's instruction on the complainant's capacity to consent was erroneous and prejudicial. Commonwealth v. Urban, 67 Mass.App.Ct. 301, 308...

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