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COMMONWEALTH v. PORGES

SJC-10883.

460 Mass. 525 (2011)

COMMONWEALTH v. GERALD PORGES.

Supreme Judicial Court of Massachusetts, Norfolk.

September 6, 2011.

Attorney(s) appearing for the Case

Dana Alan Curhan ( Joseph P. Cataldo with him) for the defendant.

Alexei Tymoczko , Assistant District Attorney, for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, & DUFFLY, JJ.

GANTS, J.

A Superior Court judge reported the following question under Mass. R. Crim. P. 34, as amended, 442 Mass. 1501 (2004):

"Does the Superior Court have the jurisdiction over indictments charging rape of a child with force (G. L. c. 265, § 22A) and indecent assault and battery of a child under the age of 14 (G. L. c. 265, § 13B), pursuant to G. L. c. 119, § 72A, where the defendant is alleged to have been under the age of 14 at the time...

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