Commonwealth v. Pearce

The defendant was convicted on so much of an indictment charging forcible rape of a child under the age of sixteen years, G. L. c. 265, § 22A, as charged rape of a child under that age. G. L. c. 265, § 23. On appeal, he alleges that the trial judge erred in: (1) instructing the jury on a lesser included offense; (2) denying his motion for a mistrial on the basis of improper closing argument by the prosecutor; (3) denying his request for individual voir dire of the jury venire; and (4) limiting his cross-examination of the complainant. We reverse.

The Commonwealth’s evidence at trial was to the…