Commonwealth v. Butler

In May of 2003, a jury found the defendant guilty of the lesser included crime of rape on indictments charg*659ing him with aggravated rape and burglary committed in 1991.1 He argues on appeal that it was error to deny his motion to dismiss the charges based on a violation of the provisions of Mass.R.Crim.P. 36, 378 Mass. 909 (1979).2 Expanding upon the reasons given by the motion judge in concluding that the defendant’s claim was without merit, we affirm the defendant’s conviction.

1. Background. During the early morning hours of September 13, 1991, the victim was asleep on her sofa when a man…