Commonwealth v. White

The defendant was convicted in 2014 of one count of rape of a child, G. L. c. 265, § 23. The underlying indictment, returned in 2008 and amended in 2014, alleged that he had raped his daughter on “diverse dates” between September 29,1979, and 1981, when she was between four and six years old. On appeal, the defendant chiefly raises two sets of claims, both of which concern the statute of limitations, G. L. c. 277, § 63. First, he argues that the Commonwealth did not meet its burden at trial of proving beyond a reasonable doubt that the indictment was timely brought and, in addition, that the…