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COMMONWEALTH v. WALLACE

No. 08-P-985.

76 Mass. App. Ct. 411 (2010)

COMMONWEALTH v. JOHN WALLACE.

Appeals Court of Massachusetts, Middlesex.

March 4, 2010.

Attorney(s) appearing for the Case

Eric Tennen (John G. Swomley with him) for the defendant.

Patrick G. Fitzgerald, Assistant District Attorney, for the Commonwealth.

Present: KAFKER, WOLOHOJIAN, & MILKEY, JJ.

MILKEY, J.

After a jury trial in Superior Court, the defendant was convicted of rape of a child, G. L. c. 265, § 23 (first indictment), and rape, G. L. c. 265, § 22(b) (second indictment). The two charges involved a single victim, to whom we shall refer as "Thomas" (a pseudonym). The first indictment was for the period before Thomas turned sixteen, and the second was for the period after. On the first indictment, the defendant was sentenced to from...

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