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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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