Commonwealth v. Phineas P

Full title: COMMONWEALTH vs. PHINEAS P., a juvenile (and a companion case)

Court: Appeals Court of Massachusetts

Date published: Apr 8, 2011

944 N.E.2d 1094 (Mass. App. Ct. 2011)

79 Mass. App. Ct. 1109

Opinion

No. 09-P-1934.

April 8, 2011.

DECISIONS 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 is affirmed.