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COMMONWEALTH v. McCOURT

438 Mass. 486 (2003)

COMMONWEALTH v. FRANCIS MCCOURT.

Supreme Judicial Court of Massachusetts, Hampden.

January 17, 2003.

Attorney(s) appearing for the Case

Bethany C. Lowe, Assistant District Attorney, for the Commonwealth.

Murray A. Kohn, Committee for Public Counsel Services, for the defendant.

Barbara F. Berenson & Wendy J. Murphy, for National Crime Victim Law Institute & another, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, SPINA, SOSMAN, & CORDY, JJ.

GREANEY, J.

The defendant was tried before a jury in the Superior Court on indictments charging him1 with aggravated rape, attempted murder, assault and battery by means of a dangerous weapon (a shod foot), and indecent assault and battery. The charges stemmed from a rape and beating that occurred in Chicopee in the early morning hours of February 1, 1997. The jury found the defendant guilty...

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