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COMMONWEALTH v. KINCAID.

No. 02-P-1714.

61 Mass. App. Ct. 657 (2004)

COMMONWEALTH v. AARON KINCAID.

Appeals Court of Massachusetts, Berkshire.

August 20, 2004.

Attorney(s) appearing for the Case

David F. Capeless, Assistant District Attorney, for the Commonwealth.

James L. Sultan (Amy S. Albert with him) for the defendant.

Present: ARMSTRONG, C.J., BECK, & CYPHER, JJ.

CYPHER, J.

In September, 2001, a Superior Court jury found the defendant, Aaron Kincaid, guilty of four counts of aggravated rape (G. L. c. 265, § 22).1 The theory of the Commonwealth's case was that the defendant had committed the rape as a joint venturer with Richard Lampron. The theory of the defense was consent. At the time of the trial, Richard Lampron was a fugitive from justice...

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