Commonwealth v. Howard

In a two-count indictment the defendant was accused of forcible rape of a child (G. L. c. 265, § 22A), *323and assault with intent to rape a child (G. L. c. 265, § 24B). The victim was a young girl short of her ninth birthday. Prior to trial, the assault charge was the subject of a nolle prosequi. After trial, the jury brought in a verdict of guilty on the count charging forcible rape of a child, and the defendant was sentenced to a term of imprisonment of from eight to twelve years at the Massachusetts Correctional Institution, Cedar Junction. On his direct appeal from the judgment of…