Commonwealth v. Black

The defendant was convicted of one count of rape, one count of indecent assault and battery, and two counts of assault and battery. He argues, as to the rape conviction, that the judge should have given a specific unanimity instruction and, as to the indecent assault and battery conviction, an instruction that it could not be based on the same evidence that supported the rape conviction. The judge should have done so, but such instructions were not requested, and there were no objections. Thus, we examine the trial only to determine if justice may have miscarried due to the omissions.…