Commonwealth v. Madrid

Following a jury trial in the Superior Court, the defendant was convicted of two counts of indecent assault and battery on a child under the age of fourteen ( G. L. c. 265, § 13B ). On appeal, he contends that (1) the two indictments violate double jeopardy because the conduct was one continuous criminal act; (2) the trial judge erred in declining to answer a jury question as to whether the jury could come to a conclusion on one count and not on the other; (3) the judge erred in denying the defendant's request for an honest but mistaken belief instruction; and (4) the Commonwealth's expert's…