COMMONWEALTH v. GERALD


356 Mass. 386 (1969)

252 N.E.2d 344

COMMONWEALTH vs. JAMES M. GERALD.

Supreme Judicial Court of Massachusetts, Suffolk.

November 4, 1969.


Attorney(s) appearing for the Case

Robert A. Stanziani & Joseph F. Annunziata, Jr., for the defendant.

James M. Kickham, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, C.J., CUTTER, KIRK, SPIEGEL, & REARDON, JJ.


CUTTER, J.

Gerald, charged with kidnapping, rape, and assault with a dangerous weapon, was found guilty on all three indictments in a trial conducted under G.L.c. 278, §§ 33A-33G. We have before us the assignments of error discussed below.

There was evidence upon which the following facts could be found. A young woman (the complainant) was employed as a reservation clerk by an airline. She planned to work a shift from 6 A.M. to 2:30 P.M. on November...

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