Commonwealth v. Miozza

The defendant, Robert Miozza, was convicted by a District Court jury of two counts of indecent assault and battery on a child under the age of fourteen, see G. L. c. 265, § 13B.1 He asserts that the evidence was insufficient to warrant a finding that the defendant touched the complainants in an “indecent” way, or that he touched them during the time period alleged in the amended complaints. In a related argument, he contends that the statute is unconstitutionally vague as applied to him. He argues also that his motion for a mistrial or dismissal should have been granted because the prosecutor…