Commonwealth v. Sherick

Upon indictments charging him with aggravated rape, kidnapping, and assault by means of a dangerous weapon, committed upon the person of a young woman (whom we shall call “the victim”) on May 3, 1984, the defendant, Daniel O. Sherick, was tried in Superior Court in Plymouth County and found guilty of rape (as a lesser included crime), and acquitted on the other charges. The present appeal attacks some remarks by the prosecutor in his closing argument, and a portion of the judge’s instructions. It will suffice to outline the case without plunging into details. Then we deal with the particular…