Commonwealth v. Whitcomb

This indictment charged the defendant in two counts with committing unnatural and lascivious acts with a young woman. G. L. c. 272, § 35. The only question raised is whether a verdict ought to have been directed in favor of the defendant. There was ample evidence, which need not be narrated nor summarized, to support the charge. There is nothing inconsistent with this result in Commonwealth v. Delano, 197 Mass. 166. If it be assumed, but without so deciding, that there was evidence sufficient to prove a different crime from that laid in the indictment, the jury were not obliged to believe…