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COMMONWEALTH v. GREEN

No. 87-1224.

25 Mass. App. Ct. 751 (1988)

522 N.E.2d 424

COMMONWEALTH vs. JAMES C. GREEN, THIRD.

Appeals Court of Massachusetts, Norfolk.

May 4, 1988.

Attorney(s) appearing for the Case

Diana L. Maldonado, Committee for Public Counsel Services, for the defendant.

Stephanie Martin Glennon, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, C.J., GRANT, & SMITH, JJ.

GREANEY, C.J.

The defendant was convicted of rape after a jury trial in the Superior Court. He was then sentenced.1 We conclude that there must be a new trial.

The evidence presented in the Commonwealth's case could have warranted the jury in finding that the victim had voluntarily gone with the defendant in his car to look for the victim's brother, that the defendant later refused...

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