Commonwealth v. Oliveira

Following a two-day jury trial, the defendant was convicted on charges of indecent exposure, lewd and lascivious behavior, indecent assault and battery of a person fourteen or over, and assault with intent to rape. On appeal he claims (i) that the judge failed to give timely instructions to the jury regarding the permissible use of fresh complaint testimony, and (ii) that there occurred violations of the defendant’s Federal *481constitutional right not to be subjected to double jeopardy1 and his common law right not to be sentenced on both the assault with intent to rape charge and the indecent…