Commonwealth v. Kickery

A jury convicted the defendant of aggravated rape, kidnapping, and assault and battery. At trial, it was the Commonwealth’s view that the rape was aggravated because it was committed by joint enterprise or because it occurred during the commission of a kidnapping. Both theories were submitted to the jury for their consideration. The jury returned a general verdict of guilty. On appeal, the defendant claims that the evidence did not support either theory of aggravated rape. He also contends that his constitutional right against self-incrimination was violated because a judge forced him to…