COUNIHAN, J.
The defendant was indicted for an assault with intent to commit rape. G.L. (Ter. Ed.) c. 265, § 24. After a trial before a judge, the defendant having waived a jury, the defendant moved for a finding of not guilty. We treat the motion as a request for a ruling that upon all the evidence a finding of guilty could not be made by the judge. Commonwealth v. Capitol Theatre, Inc.
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