COMMONWEALTH v. LIBBY


358 Mass. 617 (1971)

266 N.E.2d 641

COMMONWEALTH vs. DAVID N. LIBBY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

February 1, 1971.


Attorney(s) appearing for the Case

Mark A. Michelson for the defendants.

William A. Doherty, Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., CUTTER, SPIEGEL, & REARDON, JJ.


CUTTER, J.

On September 10, 1965, Libby and Paul E. Fleming were indicted for the kidnapping and rape on June 27, 1965, of a nineteen year old girl (Nancy). The evidence would warrant the jury in concluding that these defendants late on Saturday evening (June 26) picked her up by threats and force in Suffolk County and took her by automobile to a place, possibly in Norfolk County, although the evidence concerning its precise location was not clear. In a secluded spot...

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