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COMMONWEALTH v. BARBOSA

399 Mass. 841 (1987)

507 N.E.2d 694

COMMONWEALTH vs. ERNEST BARBOSA.

Supreme Judicial Court of Massachusetts, Essex.

May 12, 1987.

Attorney(s) appearing for the Case

Carol A. Donovan, Committee for Public Counsel Services, for the defendant.

Lila Heideman, Assistant District Attorney (Janice W. Howe, Assistant District Attorney, with her) for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & NOLAN, JJ.

ABRAMS, J.

After trial by jury, the defendant, Ernest Barbosa, was convicted of assault with intent to commit rape, G.L.c. 265, § 24 (1984 ed.); entering a building, without breaking, and putting a person in fear in nighttime, with intent to commit a felony, G.L.c. 266, § 17 (1984 ed.); and assault and battery, G.L.c. 265, § 13A (1984 ed.).1 The defendant appeals. He argues that (1) the trial judge's failure to instruct...

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