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COMMONWEALTH v. FITZGERALD

402 Mass. 517 (1988)

524 N.E.2d 72

COMMONWEALTH vs. DANIEL FITZGERALD.

Supreme Judicial Court of Massachusetts, Middlesex.

June 8, 1988.

Attorney(s) appearing for the Case

Andrew Good for the defendant.

Jeffrey Abramson, Assistant District Attorney (Patricia Bernstein, Assistant District Attorney, with him) for the Commonwealth.

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

NOLAN, J.

After a jury trial, the defendant was convicted of rape. He filed a timely appeal and a motion for a new trial. The motion was denied and the defendant filed a notice of appeal from this denial. We transferred the case to this court on our own motion. For the reasons set forth below, we reverse the conviction and grant the defendant's motion for a new trial.

We recite only those facts necessary to address...

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