Commonwealth v. McCourt

At trial, the Commonwealth’s evidence persuaded the jury that the defendant raped and beat the victim in the predawn hours of a cold winter morning. From his resulting convictions of aggravated rape, attempted murder, assault and battery by means of a dangerous weapon, and indecent assault and battery, the defendant appeals. He claims, principally, that his motion for a required finding of not guilty on the charge of aggravated rape should have been allowed because all of the aggravating acts occurred after he had had sexual intercourse with the victim.1 Constrained to agree, we vacate his…