Commonwealth v. Arthur

The defendant, Michael F. Arthur, was charged in the District Court with indecent exposure in vio*536lotion of G. L. c. 272, § 53 (1992 ed.).1 The defendant requested a first instance jury trial, and after trial before a jury of six, was found guilty of the charge. He appealed, and we transferred the case here on our own motion. We conclude that the conviction must be reversed, and judgment entered for the defendant.

The Commonwealth presented evidence in its case as follows. At about 10:45 a.m., on July 11, 1993, a mother and her then nine year old daughter were sitting in their vehicle waiting…