PORADA, J.
The defendant was indicted by a grand jury for aggravated rape and assault and battery by means of a dangerous weapon. A jury in the Superior Court returned a verdict of guilty on the aggravated rape indictment and not guilty on the assault and battery by means of a dangerous weapon indictment. His conviction of aggravated rape was affirmed by this court in a memorandum and order pursuant to our rule 1:28. See 39 Mass.App.Ct. 1111 (1995). The defendant...
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