Commonwealth v. Farrell

The defendant was tried in the District Court on two counts of indecent assault and battery on a child under the age of fourteen years (G. L. c. 265, § 13B) and one count of simple assault and battery (G. L. c. 265, § 13A). The judge found the defendant guilty on one of the counts of indecent assault and battery. The other he dismissed as duplicative, and he dismissed the count of simple assault and battery as a lesser included offense.

The defendant appealed his conviction to the District Court jury-of-six session. There the somewhat uncertain evidence, taken most favorably to the…