Commonwealth v. Barbosa

After trial by jury, the defendant, Ernest Barbosa, was convicted of assault with intent to commit rape, G. L. c. 265, § 24 (1984 ed.); entering a building, without breaking, and putting a person in fear in nighttime, with intent to commit a felony, G. L. c. 266, § 17 (1984 ed.); and assault and battery, G. L. c. 265, § 13A (1984 ed.). The defendant appeals. He argues that (1) the trial judge’s failure to instruct the jury with an explicit definition of rape deprived him of his right to be convicted only on proof beyond a reasonable doubt of every element of the offense charged; (2) he was…