Commonwealth v. Tatro

We summarize the evidence introduced at trial by the Commonwealth. On April 13, 1993, the fourteen year old victim, whom we shall call Timothy, and three friends visited the defendant’s apartment. The defendant served them beer and mixed drinks containing vodka and peppermint schnapps. Timothy became ill and eventually fell asleep inside the defendant’s apartment. Later, he awoke briefly and noticed that the defendant was rubbing his buttocks and pubic area. He dozed off again and *835subsequently awoke to find the defendant performing fellatio on him. He pushed the defendant away, left the…