Commonwealth v. Swan

After a jury-waived trial before a Superior Court judge, the defendant was convicted of indecent exposure, G. L. c. 272, § 53; open and gross lewdness, G. L. c. 272, § 16; and disorderly conduct under a voyeurism (“Peeping Tom”) theory, G. L. c. 272, § 53. On appeal, he claims that his motion for a required finding of not guilty as to all counts should have been allowed because the evidence was insufficient to support the convictions. We conclude that the evidence was sufficient to *259sustain the convictions of indecent exposure and open and gross lewdness but was insufficient to sustain the…