COMMONWEALTH v. MOSBY


11 Mass. App. Ct. 1 (1980)

413 N.E.2d 754

COMMONWEALTH vs. CHARLES MOSBY.

Appeals Court of Massachusetts, Suffolk.

December 12, 1980.


Attorney(s) appearing for the Case

Brownlow M. Speer for the defendant.

Robert L. Cooperstein, Assistant District Attorney (M. Catherine Huddleson, Legal Assistant to the District Attorney, with him) for the Commonwealth.

Present: BROWN, DREBEN, & KASS, JJ.


BROWN, J.

The defendant appeals from his convictions by a jury in the Superior Court of breaking and entering a building in the daytime with intent to commit rape and larceny (G.L.c. 266, § 17), and of two counts of rape (as newly defined in G.L.c. 265, § 22, as appearing in St. 1974, c. 474, § 1).

The defendant raises five claims of error. He argues (1) that the prosecutor's reference, in closing argument, to an alleged silence on the part...

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