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COMMONWEALTH v. PHINEAS P.

No. 09-P-1934.

79 Mass. App. Ct. 1109 (2011)

COMMONWEALTH v. PHINEAS P., a juvenile (and a companion case).

Appeals Court of Massachusetts.

April 8, 2011.

Decision Pursuant to Rule 1:28

Phineas's conviction of the lesser included offense of rape on indictment number ESCR2008-001156-001 is reversed, the verdict is set aside, and a judgment shall enter for Phineas. The rescript as to Phineas will issue in seven days. See Mass.R.A.P. 23, as amended, 367 Mass. 921 (1975). The judgment against Osgood...

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