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COMMONWEALTH v. FRENCH

SJC-10884.

462 Mass. 41 (2012)

COMMONWEALTH v. ALEX FRENCH.

Supreme Judicial Court of Massachusetts, Bristol.

April 17, 2012.

Attorney(s) appearing for the Case

James A. Reidy for the defendant.

David J. Gold, Assistant District Attorney, for the Commonwealth.

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

SPINA, J.

Alex French (defendant), Jason Bing, and David Kimble were indicted for the crime of aggravated rape, with joint enterprise as the sole aggravating factor. Bing was tried first and was convicted. The defendant and Kimble were tried together. The defendant was convicted and Kimble was acquitted. The jury were instructed, without objection, that the defendant could be convicted only on a theory of principal liability...

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