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COMMONWEALTH v. FARNKOFF

16 Mass. App. Ct. 433 (1983)

452 N.E.2d 249

COMMONWEALTH vs. ROBERT FARNKOFF (and eight companion cases).

Appeals Court of Massachusetts, Middlesex.

July 29, 1983.

Attorney(s) appearing for the Case

Jane Larmon White for Robert Farnkoff.

Michael Manzi for John Winston.

Mark B. Schmidt for John Landry.

Kevin J. Ross, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., CUTTER, & KAPLAN, JJ.

KAPLAN, J.

Indictments dated in August, 1981, charged the three defendants severally with having committed on July 9, 1981, the crimes of aggravated rape, kidnapping, assault and battery by means of a dangerous weapon, and larceny in an amount under one hundred dollars. Upon joint trial to a jury in November, 1981, the defendants were each found guilty of the aggravated rape and kidnapping as charged, and of assault and battery (as "included" in the charge of that...

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