Commonwealth v. McJunkin

The defendants were convicted of kidnapping, G. L. c. 265, § 26, and assault and battery by means of a dangerous weapon (a knife), G. L. c. 265, § 15A. They were acquitted of related, but separate, charges of rape, G. L. c. 265, § 22, and assault and battery with a hatchet. On appeal they claim: (1) that the Commonwealth failed to present to the grand jury evidence exculpating them of the alleged rape; (2) that the judge failed to comply with Mass.R.Crim.P. 24(a)(1), 24(b), and 28(d)(2), 378 Mass. 895, 895, 899 (1979); (3) that their seating accomodations during their trial diluted their…