COMMONWEALTH v. THOMAS


400 Mass. 676 (1987)

511 N.E.2d 1095

COMMONWEALTH v. MILTON THOMAS (and five companion cases).

Supreme Judicial Court of Massachusetts, Essex.

August 12, 1987.


Attorney(s) appearing for the Case

Douglas C. Marshall (Willie Davis with him) for the defendants.

Elin H. Graydon, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.


HENNESSEY, C.J.

After a jury trial in the Superior Court, the defendants were convicted of aggravated rape, indecent assault and battery, and kidnapping. They appeal, arguing that: (1) the judge erred in instructing the jury on the defendants' decision not to testify, on lesser included offenses to the charge of rape, and on fresh complaint evidence; (2) the prosecutor's statements in opening and closing arguments prejudiced their rights to a fair trial; and (3) the...

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