COMMONWEALTH v. FRANKLIN


366 Mass. 284 (1974)

318 N.E.2d 469

COMMONWEALTH vs. RONNIE MacARTHUR FRANKLIN.

Supreme Judicial Court of Massachusetts, Suffolk.

October 21, 1974.


Attorney(s) appearing for the Case

Jonathan Shapiro for the defendant.

Elizabeth A. Casey, Assistant District Attorney, for the Commonwealth.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.


HENNESSEY, J.

The defendant challenges, under G.L.c. 278, §§ 33A-33G, his convictions of rape and armed robbery alleging certain errors of both a procedural and substantive nature. We reverse the convictions and remand the cases for a new trial in the Superior Court for reasons that will appear below.

The parties appear to agree that the procedural history of the cases is as follows, although not all of it may be gleaned from the record. The defendant...

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