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Commonwealth v. Cook

10 Mass. App. Ct. 668, 411 N.E.2d 1326 (1980)

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Commonwealth v. Cook

Appeals Court of Massachusetts

10 Mass. App. Ct. 668, 411 N.E.2d 1326 (1980)

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Facts

Dennis Cook (defendant) was charged with conspiring with his brother, Maurice, to rape a girl. The victim was in the Cooks’ neighborhood to visit her boyfriend. Finding that her boyfriend was not home, she passed by a project office, where the Cooks invited her to join them. The area was a common place for socializing, and the three sat there talking for about forty-five minutes. Because the victim was having trouble remembering their names, the Cooks showed her their identification cards. Maurice then suggested that they walk to a nearby convenience store to get more cigarettes. Maurice suggested the three walk through a path cutting through a wooded a hill. At one point, the victim slipped. Maurice then jumped on her. He took off his belt and handed it to Dennis, proceeding to rape the victim. Maurice was charged with rape and Dennis was charged as an accessory to rape, in addition to the conspiracy charge. Dennis filed a motion for a required verdict of not guilty, which was denied. A jury convicted him of conspiracy.

Rule of Law

Issue

Holding and Reasoning (Greaney, J.)

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