Commonwealth v. Olmande

After a Superior Court jury trial, the defendant was convicted of four counts of rape of a child and one count of indecent assault and battery on a child under the age of *232fourteen years.1 On appeal, he alleges that the prosecutor’s closing argument deprived him of a fair trial; that the evidence was insufficient to support a conviction of one of the charges of rape of a child; and that the judge erred by not instructing the jury, sua sponte, on the lesser included offense of indecent assault and battery in connection with that rape of a child charge. We affirm.

Background. The victim in this…