Commonwealth v. Todd

A District Court judge granted a motion by the juvenile, Keith Todd, to dismiss a youthful offender indictment on a charge of rape of a child. The juvenile argued in his motion to dismiss that the evidence presented to the grand jury was insufficient to establish that he committed the crime of rape, specifically that there was insufficient evidence “that the conduct constituting the alleged sexual assault involved the infliction or threat of serious bodily harm” and that the grand jurors were not properly instructed on this element of the youthful offender statute. The Commonwealth appeals,…