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COMMONWEALTH v. GILMORE

399 Mass. 741 (1987)

506 N.E.2d 883

COMMONWEALTH vs. GARY GILMORE.

Supreme Judicial Court of Massachusetts, Essex.

April 23, 1987.

Attorney(s) appearing for the Case

Jane Larmon White, Committee for Public Counsel Services, for the defendant.

Robert J. Bender, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.

HENNESSEY, C.J.

The defendant appeals from his conviction of rape, arguing (1) that the judge erred in instructing the jury not to consider the closing argument of defense counsel regarding the inconclusiveness of the Commonwealth's scientific tests and its failure to produce certain evidence, and (2) that the judge erred in refusing to instruct the jury on assault and battery as a lesser included offense to the crime of...

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