Commonwealth v. Hanlon

After a jury trial in the spring of 1994, the defendant was convicted of two counts of forcible rape of a child under the age of sixteen, G. L. c. 265, § 22A, and two counts of assault with intent to rape a child under the age of sixteen, G. L. c. 265, § 24B.1 A first month-long jury trial in the fall of 1993 had ended with a hung jury and a mistrial. On appeal, the defendant claims that (1) there was insufficient evidence to withstand a motion for a required finding of not guilty at either trial; (2) he was placed in double jeopardy by being required to undergo a second trial; (3) the trial…