Commonwealth v. Walker

The defendant was charged on six identical *15indictments1 of forcible rape of two unnamed children under the age of sixteen, see G. L. c. 265, § 22A.2 Both children were approximately age six at the time of the incidents and age nine at the time of the trial. The judge, sua sponte, instructed the juiy that they could return a verdict of guilty on indecent assault and battery on a child under the age of fourteen. See G. L. c. 265, § 13B.3 The jury returned a verdict of guilty of the lesser offense on all five of the indictments before them. See note 3, supra. The defendant appeals claiming…