COMMONWEALTH v. CHEREMOND

SJC-10770.

461 Mass. 397 (2012)

COMMONWEALTH v. LESLY CHEREMOND.

Supreme Judicial Court of Massachusetts, Middlesex.

January 30, 2012.


Attorney(s) appearing for the Case

Jeffrey L. Baler for the defendant.

Robert J. Bender , Assistant District Attorney ( Elizabeth A. Keeley , Assistant District Attorney, with him) for the Commonwealth.

Present: IRELAND, C.J., SPINA, BOTSFORD, GANTS, & DUFFLY, JJ.


SPINA, J.

The defendant was convicted of murder in the first degree on theories of deliberate premeditation and felony-murder based on a predicate felony of aggravated rape, as well as aggravated rape. On appeal, the defendant asserts error in the denial of his pretrial motion to dismiss and the denial of his motion for a required finding of not guilty, both based on the sufficiency of the evidence as to the element of consent with respect to aggravated rape. The...

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