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COMMONWEALTH v. ROBY

SJC-11055.

462 Mass. 398 (2012)

COMMONWEALTH v. RANDY ROBY.

Supreme Judicial Court of Massachusetts, Essex.

June 4, 2012.

Attorney(s) appearing for the Case

Rebecca Rose for the defendant.

Catherine Langevin Semel , Assistant District Attorney, for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLE, & LENK, JJ.

IRELAND, C.J.

In 2001, an Essex County grand jury returned six indictments charging the defendant, Randy Roby, with rape of a child under the age of sixteen by force, G. L. c. 265, § 22A. At the defendant's first trial in November, 2003, the trial judge entered a required finding of not guilty on one of the indictments.1 The jury returned guilty verdicts on the remaining indictments. However, in October, 2004, the judge allowed the...

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