Commonwealth v. Rosa

A Bristol County grand jury returned two indictments against the defendant charging him with indecent assault and battery on a child under fourteen (subsequent offense), G. L. c. 265, § 13B, and assault with intent to rape a child under the age of sixteen, G. L. c. 265, § 24B. A jury trial was commenced in the Superior Court. At the conclusion of the Commonwealth’s evidence, the judge allowed the defendant’s motion for a required finding of not guilty on the charge of assault with intent to rape. The jury found the defendant guilty of the indecent assault and battery indictment, and after a…