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COMMONWEALTH v. CARACCIOLA

409 Mass. 648 (1991)

569 N.E.2d 774

COMMONWEALTH vs. JOSEPH CARACCIOLA.

Supreme Judicial Court of Massachusetts, Hampden.

April 3, 1991.

Attorney(s) appearing for the Case

Andrew Silverman, Committee for Public Counsel Services (Richard Rubin, Committee for Public Counsel Services, with him) for the defendant.

Christina Calabrese, Assistant District Attorney, for the Commonwealth.

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

ABRAMS, J.

The defendant was indicted on a charge of rape under G.L.c. 265, § 22. Pursuant to Commonwealth v. McCarthy, 385 Mass. 160 (1982), the defendant moved to dismiss the indictment, arguing that there was no evidence presented to the grand jury showing that he used force or the threat of force against the victim. The defendant claims that, at most, the evidence suggests fraudulent inducement to consent...

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