Commonwealth v. Eaton

The defendant was charged by complaint with indecent assault and battery on a child under the age of fourteen. G. L. c. 265, § 13B. After trial before a judge sitting without jury in proceedings conducted under G. L. c. 265, §§ 33A-33G, the defendant was found guilty of so much of the complaint as charged an indecent assault on a child under the age of fourteen and sentenced to two and one-half years in a house of correction. The errors assigned and argued (see Rule 1:13 of the Appeals Court, 1 Mass. App. Ct. 889 [1972]) are (1) the denial of the defendants request for a ruling that “consent…