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COMMONWEALTH v. CARTY

8 Mass. App. Ct. 793 (1979)

397 N.E.2d 1138

COMMONWEALTH vs. RALPH CARTY, JR.

Appeals Court of Massachusetts, Norfolk.

December 12, 1979.

Attorney(s) appearing for the Case

John F. Palmer for the defendant.

Charles J. Hely, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., GOODMAN, & GRANT, JJ.

HALE, C.J.

This is an appeal from the defendant's conviction on jury verdicts for the kidnapping (G.L.c. 265, § 26), and for the forcible rape of a child (G.L.c. 265, § 22A, as amended by St. 1974, c. 474, § 2).

The jury could have found the following facts. The victim, then fourteen years old, was hitchhiking with her boyfriend at about 11:00 P.M. on February 1, 1978, when they were picked up by the defendant, whom they had

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