Commonwealth v. Harris

Daniel Harris, the defendant, was indicted on charges of rape of a child by force, G. L. c. 265, § 22A, and conspiracy to commit the same offense. G. L. c. 274, § 7. At a jury trial on the substantive offense, the Commonwealth proceeded on a theory that the defendant was a joint venturer. He was convicted of the lesser included offense of rape of a child, more commonly known as statutory rape, G. L. c. 265, § 23, and sentenced to State prison. Before sentencing, he moved for *106a new trial on the ground that the evidence was insufficient to prove that he knew the victim’s age, a fact he…