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COMMONWEALTH v. THERRIEN

383 Mass. 529 (1981)

420 N.E.2d 897

COMMONWEALTH vs. DENNIS G. THERRIEN (and a companion case of the same name).

Supreme Judicial Court of Massachusetts, Hampshire, Suffolk.

May 6, 1981.

Attorney(s) appearing for the Case

Stephen R. Kaplan, Assistant District Attorney, for the Commonwealth.

David A. Robinson for the defendant.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & ABRAMS, JJ.

WILKINS, J.

Following the return of a jury verdict that the defendant was guilty of rape, the judge allowed the defendant's motion for a finding of not guilty, ruling that, in the circumstances, the evidence did not warrant a finding of guilty. The Commonwealth has sought to challenge the judge's ruling, both by an appeal from the judge's order and by a complaint filed in the county court seeking relief under G.L.c. 211...

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