WILLIAMS, J.
These are two indictments which were tried together before a judge of the Superior Court sitting without jury. In the first indictment, numbered 42953, the defendant was charged with assault on Dorothy Albanez on December 20, 1952, at Cambridge with intent to commit rape upon her. In count 2 of the second indictment, numbered 42954, he was charged with breaking and entering in the nighttime "the dwelling house of Dorothy Albanez situated in said Cambridge...
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