Commonwealth v. Darby

The defendant was the subject of five indictments that charged him with rape and abuse of a child, no force (G. L. c. 265, § 23), and one indictment that charged him with indecent assault and battery on a child under fourteen (G. L. c. 265, § 13B). All the indictments shared the same time frame (March 1, 1989, to October 24, 1990) and the same victim.

*651The defendant waived a jury trial, and the indictments were tried before a Superior Court judge. At the conclusion of the trial, the judge entered not guilty verdicts on two of the rape indictments and returned guilty verdicts on the remaining…