Commonwealth v. Lender

A Plymouth County grand jury in May, 1996, returned three indictments against the defendant, Mark D. Lender: rape of child by tongue in vagina, G. L. c. 265, § 23; rape of child by finger in vagina, G. L. c. 265, § 23; and contributing to the delinquency of a child, G. L. c. 119, § 63. After trial in Superior Court in February, 1997, the adult defendant was convicted of the three charges. On appeal, he makes three claims: (a) that the verdict and sentence imposed for the charge of contributing to the delinquency of a minor were illegal because the Superior Court lacked jurisdiction; (b) that…