COMMONWEALTH v. SPARE


353 Mass. 263 (1967)

230 N.E.2d 798

COMMONWEALTH vs. HENRY M. SPARE, JR.

Supreme Judicial Court of Massachusetts, Barnstable.

November 8, 1967.


Attorney(s) appearing for the Case

Chester C. Paris for the defendant.

L. Barry Tinkoff, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & SPIEGEL, JJ.


CUTTER, J.

Spare was indicted for assault with intent to rape and rape. He was found guilty of rape. The trial was conducted under G.L.c. 278, §§ 33A-33G, as amended. The case is before us upon Spare's appeal and assignments of error. Upon the complainant's testimony the facts set out below could have been found.

Spare met the complainant on August 27, 1966, at her place of employment. Subsequently they had a short conversation on the street. He...

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