Where, at the trial of indictments for rape, kidnapping, and unarmed robbery, there was strong evidence of a joint venture between the defendant and another person which encompassed all of the acts allegedly committed, no substantial risk of a miscarriage of justice was created by the admission, without objection, of the victim's testimony that, before the other person took her money, he had told her that the defendant wanted him to take it.
At the trial of an indictment for rape, defense counsel's general objection to the judge's charge to the jury saved no appellate rights with respect to his failure to give a requested instruction that "[o]btaining sexual intercourse through fraud and deceit is not rape.
A majority of the court concluded that, at the trial of an indictment for rape, no substantial risk of a miscarriage of justice was created by the judge's failure to give the jury a requested instruction that "[o]btaining sexual intercourse through fraud and deceit is not rape," where the jury were correctly instructed on the elements of rape; where defense counsel had argued to them that consensual sexual intercourse is not rape, even if consent is obtained by fraud; and where, by also convicting the defendant of kidnapping the victim, the jury implicitly found that she did not consent even to being at the place where the rape allegedly occurred.
At a criminal trial the judge did not err in denying the defendant's motion that the prosecution be required to elect which of the alleged acts of sexual intercourse it relied upon to prove the offense of rape. Where the record of a criminal trial reflected that the jury had acted unanimously in returning a guilty verdict on a charge of rape, no substantial risk of a miscarriage of justice was created by the judge's failure to give a "general unanimity" instruction, informing them that their verdict must be unanimous.
Where, at a rape trial, the prosecution's evidence was sufficient to defeat a motion for a required finding of not guilty, no substantial risk of a. The defendant was convicted of aggravated rape, kidnapping, and unarmed robbery. In this appeal, he argues that there was insufficient evidence to support the robbery conviction absent certain hearsay evidence; that he was denied his constitutional right to confront a witness against him; and that the judge erred in denying his motion to require the Commonwealth to elect which alleged act of sexual intercourse was the rape charged in the indictment.
