Commonwealth v. Reilly

The defendant appeals (G. L. c. 278, §§ 33A-33G) from convictions on an indictment charging the commission of an unnatural and lascivious act, G. L. c. 272, § 35, an indictment charging kidnapping, and so much of an indictment for unarmed robbery as charged larceny from the person. The defendant argues two assignments of error.

1. The defendant contends that he was entitled to an instruction that he could not be convicted of having another commit an act of fellatio on him, if it was committed with consent in private. We agree that the trial judge committed error in refusing such an instruction.