Commonwealth v. Gardner

The defendant was found guilty upon indictments charging rape (Gr. L. c. 265, § 22) and unnatural and lascivious acts (G. L. c. 272, § 35). The cases come here by appeal under Gr. L. c. 278, §§ 33A-33G-, with numerous assignments of error.

1. Two assignments of error (Nos. 12 and 13) allege that the court erred in denying the defendant’s motions for directed verdicts on both indictments. These assignments cannot be said to have been argued within the meaning of Rule 13 of the Rules for the Regulation of Practice before the Full Court, 345 Mass. 787. See Commonwealth v. Agiasottelis, 336 Mass.…