Commonwealth v. Crowder

The defendant was indicted by a grand jury for aggravated rape and assault and battery by means of a dangerous weapon. A jury in the Superior Court returned a verdict of guilty on the aggravated rape indictment and not guilty on the assault and battery by means of a dangerous weapon indictment. His conviction of aggravated rape was affirmed by this court in a memorandum and order pursuant to our rule 1:28. See 39 Mass. App. Ct. 1111 (1995). The defendant then filed a motion for a new trial on two grounds: (1) he may have been convicted of a crime for which he was not indicted, and (2) his…