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COMMONWEALTH v. McJUNKIN

11 Mass. App. Ct. 609 (1981)

418 N.E.2d 1259

COMMONWEALTH vs. THOMAS J. McJUNKIN (and three companion cases).

Appeals Court of Massachusetts, Plymouth.

March 26, 1981.

Attorney(s) appearing for the Case

Murray P. Reiser for Thomas J. McJunkin.

John C. Martland (Jordan L. Ring with him) for Richard A. Dicenso.

John P. Corbett, Assistant District Attorney, for the Commonwealth.

Present: BROWN, ROSE, & PERRETTA, JJ.

PERRETTA, J.

The defendants were convicted of kidnapping, G.L.c. 265, § 26, and assault and battery by means of a dangerous weapon (a knife), G.L.c. 265, § 15A. They were acquitted of related, but separate, charges of rape, G.L.c. 265, § 22, and assault and battery with a hatchet. On appeal they claim: (1) that the Commonwealth failed to present to the grand jury evidence exculpating them of the alleged rape; (2) that the judge failed to comply with...

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