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COMMONWEALTH v. CLINT C., A JUVENILE

430 Mass. 219 (1999)

COMMONWEALTH v. CLINT C., a juvenile.

Supreme Judicial Court of Massachusetts, Suffolk.

August 31, 1999.

Attorney(s) appearing for the Case

Linda Marie Poulos, Assistant District Attorney, for the Commonwealth.

Patricia A. O'Neill, Committee for Public Counsel Services (Joshua Dohan with her) for the juvenile.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, MARSHALL, & IRELAND, JJ.

LYNCH, J.

At issue in this case is whether a Juvenile Court judge erred in dismissing a youthful offender indictment under G. L. c. 119, § 54, charging the fifteen year old juvenile with rape of a child, G. L. c. 265, § 23.1 Prior to jury empanelment, the juvenile moved to dismiss the youthful offender indictment arguing that the charge of rape of a child does not involve the threat...

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