Commonwealth v. McColgan

In the early morning of September 16, 1979, the victim was awakened in her Brookline apartment by an intruder who had entered through a window. The intruder proceeded to commit various bizarre acts of a sexual nature on the victim. In June of 1990, the defendant was tried before a jury on charges of rape and burglary arising out of the 1979 incident, and he was convicted and sentenced to a lengthy term at M.C.I., Cedar Junction. He challenges his convictions on numerous grounds, but the only one that merits extended discussion is his claim that the indictments should have been dismissed…