COMMONWEALTH v. IRWIN

No. 07-P-956.

72 Mass. App. Ct. 643 (2008)

COMMONWEALTH v. JOHN R. IRWIN.

Appeals Court of Massachusetts, Norfolk.

September 15, 2008.


Attorney(s) appearing for the Case

Edward J. O'Brien for the defendant.

Varsha Kukafka, Assistant District Attorney, for the Commonwealth.

Present: McHUGH, KATZMANN, & GRAINGER, JJ.


KATZMANN, J.

Having been found guilty by a District Court jury on a charge of indecent assault and battery on a child under fourteen, in violation of G. L. c. 265, § 13B, the defendant, John R. Irwin, now appeals. The principal contentions are (1) that the Commonwealth's use of the defendant's failure to reach out to the police and his delay in speaking to them — as evidence of consciousness of guilt — was improper under the common-law rules of...

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