Commonwealth v. Pizzotti

Tried on two counts of rape, G. L. c. 265, § 22(b), charging, respectively, penetration by finger and by tongue, 1 the defendant Pizzotti was acquitted of the first charge, and found guilty, under the second charge, of the lesser offense of indecent assault and battery, G. L. c. 265, § 13H. He was also found guilty of another assault and battery, G. L. c. 265, § 13A. 2 The defendant appeals from the judgments of convic tian, protesting prosecutorial misconduct, erroneous admission of evidence, and fault in allowing the jury to consider the lesser offense.

The jury could accept the following as…