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COMMONWEALTH v. BERRIOS

No. 06-P-1353.

71 Mass. App. Ct. 750 (2008)

COMMONWEALTH v. Miguel BERRIOS.

Appeals Court of Massachusetts, Hampden.

May 22, 2008.

Attorney(s) appearing for the Case

Karen L. Swenson for the defendant.

Thomas H. Townsend, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, GELINAS, & KANTROWTTZ, JJ.

GELINAS, J.

The defendant was indicted in July, 2004 on one count of assault and battery, G. L. c. 265, § 13A(a), and six counts of rape, G. L. c. 265, § 22(b). On motion at the close of the Commonwealth's evidence the court entered findings of not guilty on two of the rape counts. After trial, the jury found him not guilty on two of the remaining counts of rape, but guilty of assault and...

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