Commonwealth v. Capone

The defendant, Francis D. Capone, III, was found guilty by a Superior Court jury of indecent assault and battery on a person over the age of fourteen years and of assault with intent to commit statutory rape. On appeal, he argues that it was error for the judge to deny his motion to dismiss the grand jury indictment for statutory rape, to submit a charge of assault with intent to commit statutory rape *607to the jury based on a statutory rape indictment, and to admit the victim’s hearsay statement. He argues further that he was denied a fair trial due to the prosecutor’s questions regarding his…