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COMMONWEALTH v. SAUNDERS

No. 08-P-332.

75 Mass. App. Ct. 505 (2009)

COMMONWEALTH v. RICHARD T. SAUNDERS.

Appeals Court of Massachusetts, Plymouth.

October 20, 2009.

Attorney(s) appearing for the Case

Dana Alan Curhan (Brad P. Bennion with him) for the defendant.

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

Present: COHEN, BROWN, & WOLOHOJIAN, JJ.

COHEN, J.

After a jury trial in Superior Court, the defendant was convicted of rape of a child under the age of sixteen years, pursuant to G. L. c. 265, § 23, as amended by St. 1974, c. 474, § 3, and assault and battery as a lesser included offense of assault and battery by means of a dangerous weapon, pursuant to G. L. c. 265, §§ 13A and 15A.1 On appeal, the defendant argues that (1) evidence of the victim's out-of...

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