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COMMONWEALTH v. KICKERY

No. 90-P-1145.

31 Mass. App. Ct. 720 (1991)

583 N.E.2d 869

COMMONWEALTH vs. KEITH KICKERY.

Appeals Court of Massachusetts, Berkshire.

December 30, 1991.

Attorney(s) appearing for the Case

Kenneth Lieberman for the defendant.

Anne M. Kendall, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, SMITH, & PORADA, JJ.

SMITH, J.

A jury convicted the defendant of aggravated rape, kidnapping, and assault and battery. At trial, it was the Commonwealth's view that the rape was aggravated because it was committed by joint enterprise or because it occurred during the commission of a kidnapping.1 Both theories were submitted to the jury for their consideration. The jury returned a general verdict of guilty...

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