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COMMONWEALTH v. DION

No. 90-P-525.

30 Mass. App. Ct. 406 (1991)

568 N.E.2d 1172

COMMONWEALTH vs. PAUL M. DION.

Appeals Court of Massachusetts, Middlesex.

March 29, 1991.

Attorney(s) appearing for the Case

Peter T. Elikann for the defendant.

Wendy Murphy, Assistant District Attorney, for the Commonwealth.

Present: KASS, KAPLAN, & PORADA, JJ.

KAPLAN, J.

The defendant Dion appeals from a judgment of conviction of the crime of rape of a child under the age of sixteen (G.L.c. 265, § 23), entered upon the verdict of a Middlesex jury.1

At oral argument of the appeal before us, counsel for the Commonwealth said, with commendable candor, "It's amazing we won this."1a

We describe the case in some detail in order to see whether the ...

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