Commonwealth v. Sumner

Sumner appeals from convictions, after a trial before a Superior Court judge and a jury, upon indictments for aggravated rape (G. L. c. 265, § 22[a], as amended* 1 ) and kidnapping (G. L. c. 265, § 26, as amended), each alleged to have taken place on October 20, 1981. The trial began on June 18, 1982, and ended with verdicts of guilty on July 9, 1982. Sumner was given concurrent sentences to M.C.I., Walpole, of fifteen to eighteen years on the rape charge and of nine to ten years on the kidnapping charge.

Only one issue calls for extended discussion, viz., whether the judge should have granted…