Commonwealth v. Powell

The defendant was indicted for larceny (two indictments), rape, armed burglary, and assault by means of a dangerous weapon arising out of an incident which occurred on May 7, 1977, and for breaking and entering a dwelling house with intent to commit a felony, arming himself therein, and making an assault during the nighttime (see G. L. c. 266, § 14), arising out of an incident which occurred on June 29, 1977. Both incidents involved the same victim and occurred at the same premises. The defendant was convicted only on the latter indictment pursuant to G. L. c. 266, § 14. Claiming denial of…