LYNCH, J.
After a joint jury trial the defendants, Robert Pontes and John R. MacLean, were each convicted of two counts of aggravated rape. Defendant MacLean was also convicted of assault and battery, and this conviction was placed on file. MacLean was acquitted of kidnapping, and Pontes was acquitted of kidnapping and assault and battery. They appealed, and we took the case on our own motion. We now affirm the convictions.
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