Commonwealth v. Johnston

A jury convicted the defendant, Terrence E. Johnston, of rape (G. L. c. 265, § 22[b], as in effect prior to St. 2002, c. 35, § 1), and assault and battery (G. L. c. 265, § 13A). The defendant claims that the judge erred in denying his motion to suppress statements. The defendant also requests that we *14vacate his conviction of assault and battery as duplicative of the rape conviction.

1. Factual background. A jury could have found the following facts. During the evening of June 12, 1999, the defendant’s wife, Margaret,1 was napping. She was awakened by the defendant placing his hand on her leg.…