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COMMONWEALTH v. GREEN

399 Mass. 565 (1987)

505 N.E.2d 886

COMMONWEALTH vs. JOHN GREEN.

Supreme Judicial Court of Massachusetts, Essex.

April 8, 1987.

Attorney(s) appearing for the Case

Dyanne Klein Polatin, Assistant District Attorney, for the Commonwealth.

Patricia A. O'Neill, Committee for Public Counsel Services, for the defendant.

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

NOLAN, J.

A District Court judge allowed the defendant's motion to dismiss a complaint which charged him with indecent assault and battery on a child under the age of fourteen. The judge ordered dismissal because the complaint failed to state a crime. The Commonwealth appealed, and we allowed the parties' joint application for direct appellate review. We now vacate the order of dismissal.

The relevant facts are as...

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