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COMMONWEALTH v. KEATON

No. 92-P-1673.

36 Mass. App. Ct. 81 (1994)

628 N.E.2d 1286

COMMONWEALTH vs. RONALD A. KEATON.

Appeals Court of Massachusetts, Essex.

February 22, 1994.

Attorney(s) appearing for the Case

Margaret H. Carter for the defendant.

William M. Harrington, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, SMITH, & GREENBERG, JJ.

GREENBERG, J.

Following a six-day jury trial in the Superior Court, the defendant was convicted of aggravated rape and breaking and entering a dwelling house in the nighttime with intent to commit a felony and assault therein. The defendant argues that the judge erred in (1) denying a motion for a required finding of not guilty at the close of the Commonwealth's case, (2) permitting a "sleeping juror" to remain on...

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