Commonwealth v. Clark

A Superior Court jury convicted the defendant of four offenses against a seventeen year old victim: kidnapping, assault and battery by means of a dangerous weapon, assault with intent to murder, and aggravated rape. He received a sentence of forty-five to sixty years on the aggravated rape charge and a concurrent sentence of nine to ten years on each of the other charges. On appeal, the defendant contends that the trial judge erred in omitting from his charge to the jury instructions having to do with fresh complaint, consciousness of guilt and self-defense. Defense counsel at trial neither…