COMMONWEALTH v. SOWERS


388 Mass. 207 (1983)

446 N.E.2d 51

COMMONWEALTH vs. JAMES H. SOWERS, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

February 17, 1983.


Attorney(s) appearing for the Case

Patricia A. O'Neill for the defendant.

David B. Mark, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.


NOLAN, J.

The defendant, a black man, was indicted by a Suffolk County grand jury on August 15, 1979, on two charges of unnatural rape and one charge each of kidnapping, armed robbery, assault and battery by means of a dangerous weapon, and assault and battery. The defendant's first trial ended in a mistrial on March 21, 1980, when the jurors were unable to agree on a verdict. The defendant's second trial began on June 3, 1980, and, on June 5, the jury found him guilty...

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