Commonwealth v. Benedito

*548 While the defendant was naked, he kissed his girlfriend's sister on the mouth, without insertion or attempted insertion of the tongue, while she was sleeping and without her consent. The question is whether such circumstances present sufficient evidence for a conviction of indecent assault and battery on a person over the age of fourteen, in violation of G. L. c. 265, § 13H. We conclude that they do and affirm the judgment.

Background . Viewed in the "light most favorable to the Commonwealth," the jury could have found as follows. See Commonwealth v. Latimore , 378 Mass. 671 , 676-677, 393…