COMMONWEALTH v. ARMSTRONG

No. 07-P-1318.

73 Mass. App. Ct. 245 (2008)

COMMONWEALTH v. GORDON K. ARMSTRONG, JR.

Appeals Court of Massachusetts, Plymouth.

December 3, 2008.


Attorney(s) appearing for the Case

Cathleen E. Campbell for the defendant.

Mary E. Lee, Assistant District Attorney, for the Commonwealth.

Present: DUFFLY, ARMSTRONG, & BERRY, JJ.


BERRY, J.

This appeal follows a jury-waived trial in which the trial judge found the defendant guilty on seven indictments charging forcible rape of a child and one indictment charging assault with intent to rape a child. See G. L. c. 265, §§ 22A, 24B.

One of the issues presented by the defendant on appeal is unique to the first two rape indictments. These two charges arise out of acts of digital and oral rape of the victim that occurred during a...

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