Commonwealth v. Holbrook

After a Superior Court jury trial, the defendant was convicted of indecent assault and battery of a child under the age of fourteen, arising from an incident involving his five year old grandniece. On appeal, the defendant makes the following claims: (1) his motion to suppress statements made during his police interview should have been allowed because he was intoxicated at the time he waived his Miranda rights; (2) it was error to deny his motion for a required finding of not guilty because he was only a passive recipient of the indecent touching and did not intend for it to happen; and (3)…