FINE, J.
Each of the four defendants was charged in a separate indictment with aggravated rape, rape, and indecent assault and battery of the victim in her home in Millis on August 24, 1988. At the close of the evidence, the judge dismissed the rape and indecent assault and battery indictments, but instructed the jury on their substance as lesser included offenses of aggravated rape. The jury found each of the four defendants guilty only of the lesser included offense...
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