Commonwealth v. Montgomery

In August, 1998,. a Superior Court jury convicted the defendant on two charges of sexual intercourse and abuse of a child under sixteen years of age, G. L. c. 265, § 23, and on a charge of assault of a child with intent to rape, G. L. c. 265, § 24B. The jury acquitted the defendant on a third charge under G. L. c. 265, § 23.

The incidents at issue occurred on the night of December 25, 1996, when the victim, the defendant’s daughter, was fourteen years old. On appeal, the defendant raises four principal issues. We affirm.

1. The admission of a videotape. Anticipating the majority opinion in…