Commonwealth v. Egerton

Leonard E. Egerton (the defendant) was indicted for forcible rape of a child under sixteen years of age. G. L. c. 265, § 22A (1984 ed.). The case was tried before a jury in Suffolk County. The jury found the defendant guilty of assault with intent to rape the child. G. L. c. 265, § 24B (1984 ed.). He was sentenced to a term of nine to twelve years in the Massachusetts Correctional Institution at Walpole (now Cedar Junction). On appeal, the defendant claimed error based on the trial judge’s failure to charge the jury on the lesser included offense of indecent assault and battery on a child…