Commonwealth v. Rocheleau

A Worcester County grand jury returned two indictments charging the defendant, Francis A. Rocheleau, with unnatural sexual intercourse with a child under sixteen years of age. The defendant moved to dismiss the indictments, arguing that the statute of limitations had run and that a subsequent amendment extending the statutory period did not apply retroactively to the charges. A Superior Court judge, pursuant to Mass. R. Crim. P. 34, 378 Mass. 905 (1979), reported the question raised by the defendant’s motion to the Appeals Court. We took the reported question on our own motion.

The parties…