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COMMONWEALTH v. KINCAID

444 Mass. 381 (2005)

COMMONWEALTH vs. AARON KINCAID.

Supreme Judicial Court of Massachusetts, Berkshire.

May 26, 2005.

Attorney(s) appearing for the Case

James L. Sultan for the defendant.

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

Present: Marshall, C.J., Greaney, Ireland, Cowin, Sosman, & Cordy, JJ.

COWIN, J.

In September, 2001, the defendant, Aaron Kincaid, was convicted by a Superior Court jury on four indictments charging aggravated rape.1 G. L. c. 265, § 22 (a). Following a postverdict inquiry of the jurors,2 the trial judge determined that the jury had been exposed to an extraneous matter (the flight of Kincaid's coventurer), and ordered a new...

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