Commonwealth v. Almon

A grand jury returned two indictments charging the defendant with (1) rape of a child by force on or about October 16, 1985 (G. L. c. 265, § 22A) and (2) rape of a child by force on or between November 1, 1984, and October 16, 1985. Both indictments named the same complainant, the defendant’s stepdaughter. A jury trial commenced in Decern ber, 1987. A mistrial was declared when, after several days of deliberation, the jury failed to agree upon any verdicts. As a result of a second jury trial, the defendant was convicted on both indictments. He raises several issues on appeal, including a…