Commonwealth v. Howze

The defendant was convicted of rape of a child, G. L. c. 265, § 23, and indecent assault and battery on a child, G. L. c. 265, § 13B. On appeal, the defendant alleges that (1) the evidence was insufficient to prove beyond a reasonable doubt that the defendant committed an indecent assault and battery independent of the statutory rape, and therefore his convictions and sentences with respect to these offenses were duplica-tive; (2) the judge failed to instruct the jury that in order to convict the defendant of indecent assault and battery they had *148to find sufficient evidence of that offense…