O'CONNOR, J.
After a jury-waived trial, a judge in the Superior Court found the defendant guilty of being an accessory before the fact to rape and to indecent assault and battery on a mentally retarded person. After sentencing the defendant to concurrent terms of probation, the judge stayed execution of the sentences and reported the case to the Appeals Court pursuant to Mass. R. Crim. P. 34, 378 Mass. 905 (1979). We transferred the case to this court on our own initiative...
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