Commonwealth v. Banker

Following a jury trial in the Superior Court, the defendant was convicted of unaggravated rape, incest, and indecent assault and battery on a person having attained the age of fourteen. He was sentenced to concurrent terms of imprisonment at M.C.I., Cedar Junction. On appeal, he argues that his convictions should be reversed because of error in the admission of certain testimony of the victim. Should this contention fail, he argues that his sentences should be vacated and that he should be resentenced because the judge impermissibly punished him for exercising his right to a trial by jury

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