Commonwealth v. Traylor

After trial by jury, the defendant was convicted in the Superior Court on seven indictments charging offenses under G. L. c. 265, § 13J (b). That statute, in relevant part, imposes criminal penalties of a person who, “having care and custody of a child, wantonly or recklessly permits bodily injury [or substantial bodily injury] to such child or wantonly or recklessly permits another to commit an assault and battery upon such child, which assault and battery causes bodily injury [or substantial bodily injury].” Id. The seven separate indictments did not allege seven different instances on…