State v. Mastriacchio

The defendants in this case were convicted of rape on an indictment which charges that Gerald Mastriacchio and Frank Romano, on June 1, 1943, did rape the complaining witness.

The defendants are now before us on separate bills of exceptions containing many exceptions, all of which are waived excepting Mastriacchio’s exception numbered 22 and Romano’s exception numbered 10. Since these two exceptions raise the same question, we shall deal with them as one exception, our decision, however, applying with equal force to the exception of each defendant. In view of the question so raised, we note…