COMMONWEALTH v. VIEIRA.


401 Mass. 828 (1988)

519 N.E.2d 1320

COMMONWEALTH vs. JOSEPH VIEIRA. (and a companion case).

Supreme Judicial Court of Massachusetts, Bristol.

March 10, 1988.


Attorney(s) appearing for the Case

David H. Waxler for Joseph Vieira.

Edward Harrington, Jr. (Steven J. Rappaport with him) for Daniel Silvia.

Patricia O. Ellis, Assistant District Attorney (Phillip L. Weiner, Assistant District Attorney, with her) for the Commonwealth.

Present: HENNESSEY, C.J., LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.


LYNCH, J.

After a jury trial in the Superior Court, the defendants were convicted of aggravated rape. G.L.c. 265, § 22 (a) (1986 ed.). Silvia was sentenced to from nine to twelve years at the Massachusetts Correctional Institution at Cedar Junction; Vieira to from six to eight years. They appeal from their convictions and from the denial of their motions for a new trial. We transferred the cases here on our own motion and we affirm.

The facts the...

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