Commonwealth v. Green

A District Court judge allowed the defendant’s motion to dismiss a complaint which charged him with indecent assault and battery on a child under the age of fourteen. The judge ordered dismissal because the complaint failed to state a crime. The Commonwealth appealed, and we allowed the parties’ joint application for direct appellate review. We now vacate the order of dismissal.

The relevant facts are as follows. In June, 1984, the defendant was charged with indecent assault and battery on a child under fourteen in violation of G. L. c. 265, § 13B (1984 ed.). The defendant was found guilty at…