Commonwealth v. McCants
Commonwealth v. McCants
Opinion of the Court
In 1974, two Superior Court juries convicted the defendant of sexual assaults on three different victims. In the first case (the May convictions), the defendant was convicted of two counts of felony unnatural acts and two counts of armed robbery.
Discussion. We review a judge's decision to deny a motion for a new trial "to determine whether there has been a significant error of law or other abuse of discretion." Commonwealth v. Ellis,
The defendant first claims that he was entitled to a new trial for the May convictions because, in light of the acquittals on the rape charges, the trial judge should have reduced the armed robbery conviction to larceny and vacated the convictions of unnatural acts. The defendant argues that the not guilty verdicts on the rape charges meant the jury "believed there was no violence, just consensual sex," and therefore the jury could not have found force to support the robbery convictions. We disagree. The not guilty verdicts permit a conclusion that the jury decided the Commonwealth had not proved the elements of rape beyond a reasonable doubt-nothing more. The motion judge correctly concluded that the defendant's claim that the jury believed the "sex" was consensual was "pure speculation" without factual support. The denial of the motion on this basis was within the judge's broad discretion.
The defendant's second claim on appeal is that he was denied his right to be present at a pretrial conference. Although the defendant cites Mass.R.Crim.P. 11(a), as appearing in
Order denying motions for new trial affirmed.
The defendant was found not guilty on two counts of rape.
Reference
- Full Case Name
- COMMONWEALTH v. Owen M. MCCANTS.
- Cited By
- 4 cases
- Status
- Published