Commonwealth v. Brown

A jury found the defendant guilty on a series of indictments charging him with breaking and entering, aggravated rape, robbery, assault and battery, and larceny. He raises three issues on appeal: (1) that it was error to deny his motion to sever brought under Mass.R.Crim.P. 9(d)(2), 378 Mass. 859 (1979); (2) that his refusal to comply with a court order to provide various exemplars should not have been admitted in evidence as he was not advised that such a refusal could be used against him at his trial; and (3) that certain comments made by the prosecutor in his closing argument require…